J & J Sports Productions, Inc. v. Martinez

Filing 26

ORDER signed by Judge Kimberly J. Mueller on 1/6/2016 FINDING that the 22 Findings and Recommendations are supported by the record and by the proper analysis; GRANTING 18 Motion to Set Aside Entry of Default; DIRECTING the Clerk of Court to set a side default as to Defendant Martin Carrillo Martinez, individually and dba La Nayarita Restaurant; DENYING 14 Motion for Default Judgment as moot; DIRECTING the Clerk of Court to serve this order on Defendant Martin Carrillo Martinez at 14446 Lyle Street, Sylmar, California 91342. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,
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Plaintiff,
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v.
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MARTIN CARRILLO MARTINEZ a/k/a
MARTIN MARTINEZ CARRILLO,

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Defendant.

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) Case No.: 1:14-cv-01578-KJM-BAM
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) ORDER
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On March 25, 2015, Plaintiff J&J Sports Production Inc. (“Plaintiff”) filed a Motion for

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Default Judgment. (Doc. 14). On June 29, 2015, Defendant Martin Carrillo Martinez (“Defendant”)

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filed a Motion to Set Aside the Clerk’s Entry of Default. (Doc. 18). On August 4, 2015, United States

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Magistrate Judge Barbara A. McAuliffe issued Findings and Recommendations (“F&Rs”) which were

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served on the parties and contained notice that any objections to the F&Rs were to be filed within

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fifteen days of service of the Order. (Doc. 22). Well over fifteen days have passed and no objections

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have been filed.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d

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207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt

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v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the

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court finds the findings and recommendations to be supported by the record and by the proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Defendant’s Motion to Set Aside Entry of Default is GRANTED;

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The Clerk shall set aside default as to Defendant Martin Carrillo Martinez, individually
and dba La Nayarita Restaurant;

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Plaintiff’s Motion for Default Judgment is DENIED as MOOT; and

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The Clerk of Court shall serve this order on Defendant Martin Carrillo Martinez at

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14446 Lyle Street, Sylmar, California, 91342.
DATED: January 6, 2016.

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UNITED STATES DISTRICT JUDGE

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