Winding v. Wells Fargo Bank, et. al.

Filing 60

ORDER ADOPTING 40 and 56 FINDINGS AND RECOMMENDATION that Wells Fargo Bank's Motion for Attorneys' Fees be GRANTED, in the amount of $20,171.00 against Plaintiff Jacob Winding and Top to Bottom Cleaning Service jointly and severally; ORDER ADOPTING Findings and Recommendation that 43 Plaintiff's Motion for Relief from Judgment pursuant to Rule 60(b) be DENIED, signed by Chief Judge Anthony W. Ishii on 9/25/12. (Martin-Gill, S)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
12

JACOB WINDING, dba TOP TO BOTTOM
CLEANING SERVICE,

13
14

CASE NO. 1:11-cv-00555-AWI-SKO
ORDER ADOPTING FINDINGS AND
RECOMMENDATION THAT WELLS
FARGO BANK'S MOTION FOR
ATTORNEYS' FEES BE GRANTED

Plaintiff,

15
v.

(Docs. 40, 56)

16
17

WELLS FARGO BANK, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION THAT
PLAINTIFF'S MOTION FOR RELIEF
FROM JUDGMENT PURSUANT TO
RULE 60(b) BE DENIED

18
Defendants.
19
20

(Doc. 43)
/

21
22

On February 23, 2012, the Magistrate Judge issued Findings and Recommendations that

23

Wells Fargo Bank's ("Wells Fargo") motion for attorneys' fees be granted and that the motion for

24

relief from judgment pursuant to Federal Rule of Civil Procedure 60(b) filed by Plaintiff, "Jacob

25

Winding dba Top to Bottom Cleaning Service," be denied. (Doc. 56.) These Findings and

26

Recommendations were served on all parties appearing in the action and contained notice that any

27

objections were to be filed within twenty-one (21) days after service of the order. Plaintiff filed

28

objections on March 15, 2012. (Doc. 57.) On March 28, 2012, Wells Fargo filed a response to

1

Plaintiff's objections. (Doc. 58.)

2

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

3

de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

4

Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

7
8

FULL;
2.

9

Wells Fargo's motion for attorneys' fees is GRANTED in the amount of $20,171.00
against Plaintiff Jacob Winding and Top to Bottom Cleaning Service jointly and

10
11

The Findings and Recommendations issued February 23, 2012, are ADOPTED IN

severally; and
3.

Plaintiff's Rule 60(b) motion is DENIED.

12
13
14

IT IS SO ORDERED.

15
16

Dated:
0m8i78

September 25, 2012
CHIEF UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2