Dowling v. Bank of America, National Association et al

Filing 40

ORDER Adopting 38 FINDINGS AND RECOMMENDATIONS, signed by District Judge Dale A. Drozd on 4/27/2016. (1. The 38 findings and recommendations filed March 16, 2016, are adopted; 2. Defendants' 29 motion for relief from entry of default filed August 21, 2015, is granted; and 3. Defendants shall file an answer to the amended complaint within ten days from the date this order is docketed.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENDA DOWLING,

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No. 1:14-cv-01041-DAD-SAB

Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

BANK OF AMERICA, NATIONAL
ASSOCIATION, et al.,

(Doc. Nos. 28, 29, 30, 38)

Defendants.

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Plaintiffs filed the complaint in this action on July 2, 2014. (Doc. No. 1.) On August 3,

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2015, the Clerk of the Court entered default against the defendants. (Doc. No. 28.) On August

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21, 2015, defendants filed a motion for relief from entry of default which was referred to the

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assigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302. (Doc. Nos. 29, 36.)

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On March 16, 2016, the magistrate judge filed a findings and recommendations

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recommending that defendants’ motion to set aside default be granted and defendants be ordered

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to file an answer to the amended complaint. (Doc. No. 38.) The findings and recommendations

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was served on the parties and contained notice that any objections thereto were to be filed within

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fourteen days (14) days from the date of service. The period for filing objections has passed and

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no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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1.

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adopted;

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2.

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3.

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Defendants’ motion for relief from entry of default (Doc. No. 29), filed August 21,
2015, is granted; and

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The findings and recommendations (Doc No. 38), filed March 16, 2016, are

Defendants shall file an answer to the amended complaint within ten days from the
date this order is docketed.

IT IS SO ORDERED.
Dated:

April 27, 2016
UNITED STATES DISTRICT JUDGE

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