National Continental Insurance Company v. Young's Cargo, Inc. et al
Filing
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ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS, Granting Defendants' 15 16 Motions to Set Aside Default and Denying Plaintiff's 12 Motion for Default Judgment as Moot; ORDER Directing Defendants Young's Cargo, Inc. and Kulwant Singh dba Youngs Freightway to File an Answer to the Complaint signed by Chief Judge Lawrence J. O'Neill on 05/21/2018. Thirty-Day Deadline. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NATIONAL CONTINENTAL INSURANCE
COMPANY,
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Case No. 1:17-cv-01016-LJO-EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, GRANTING
DEFENDANTS’ MOTIONS TO SET ASIDE
DEFAULT AND DENYING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT AS
MOOT
Plaintiff,
v.
YOUNG’S CARGO, INC., et al.,
Defendants.
(Doc. Nos. 12, 15, 16, 22)
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ORDER DIRECTING DEFENDANTS
YOUNG’S CARGO, INC. AND KULWANT
SINGH D/B/A YOUNGS FREIGHTWAY TO
FILE AN ANSWER TO THE COMPLAINT
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National Continental Insurance Company (“Plaintiff”) commenced this action by the
21 filing of a Complaint on July 31, 2017. (Doc. No. 1). On November 1, 2017, the Clerk of the
22 Court entered the default of Young’s Cargo, Inc. and Kulwant Singh d/b/a Youngs Freightway
23 (“Defendants”). (Doc. No. 10). On January 8, 2018, Plaintiff filed a motion for default judgment
24 against Defendants. (Doc. No. 12). On February 16, 2018, Defendants filed motions to set aside
25 entry of default. (Doc. Nos. 15, 16). The matter was referred to United States Magistrate Judge
26 Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 30, 2018, the Magistrate Judge issued findings and recommendations
28 recommending that Defendants’ motions to set aside entry of default be granted, and Plaintiff’s
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1 motion for default judgment be denied. (Doc. No. 22). The findings and recommendations were
2 served on all parties, and contained notice that any objections were to be filed within fourteen
3 (14) days. Id. The fourteen-day period has expired, and no party has filed objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
5 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
6 findings and recommendations are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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ADOPTED in full;
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The findings and recommendations filed April 30, 2018, (Doc. No. 22) are
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Defendants’ motions to set aside default judgment (Doc. Nos. 15, 16) are
GRANTED;
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Plaintiff’s motion for default judgment (Doc. No. 12) is denied as moot; and
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Defendants Young's Cargo, Inc. and Kulwant Singh are DIRECTED to file an
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answer to the Complaint within thirty (30) days of the date of service of this
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Order.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
May 21, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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