Eli Lilly and Company v. Gitmed et al

Filing 56

ORDER ADOPTING 54 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING IN PART AND DENIED IN PART 44 Motion for Default Judgment, signed by District Judge Dale A. Drozd on 05/3/2017. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELI LILLY AND COMPANY,

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Plaintiff,

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No. 1:16-cv-00178-DAD-SAB

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

JOHN DEREK GITMED, et al.,
(Doc. Nos. 43, 44, 54.)

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Defendants.

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Plaintiff Eli Lilly and Company filed the complaint in this action on February 8, 2016.

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(Doc. No. 1.) On August 9, 2016, the Clerk entered default against defendant Anthony Pollino,

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Jr. (Doc. No. 30.) Plaintiff filed a motion for entry of default judgment against defendant Pollino

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on February 9, 2017 which was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 23, 2017, the assigned magistrate judge filed findings and recommendations

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recommending that plaintiff’s motion for default judgment be granted in part and denied in part.

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(Doc. No. 54.) The findings and recommendations were served on the parties and contained

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notice that any objections thereto were to be filed within fourteen days (14) days from the date of

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service. No objections have been filed and the deadline for filing objections has passed.

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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. The findings and recommendations, filed March 23, 2017 (Doc. No. 54), are adopted

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in full;
2. Plaintiff’s application for entry of default judgment (Doc. No. 44) is granted in part

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and denied in part, as follows:
a. Plaintiff’s application for entry of default judgment against defendant Anthony

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Pollino, Jr. is granted as to liability; and
b. Plaintiff’s application for entry of default judgment against defendant Anthony

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Pollino, Jr. is denied as to damages and injunctive relief.
IT IS SO ORDERED.
Dated:

May 3, 2017
UNITED STATES DISTRICT JUDGE

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