Thao v. Law Offices of Christopher Glenn Beckom et al

Filing 30

ORDER GRANTING 20 Motion to Set Aside Default and Default Judgment ;ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Lawrence J. O'Neill on 12/13/2018. (Response due 14-Day Deadline)(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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AGGIE THAO,

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Plaintiff,

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No. 1:17-cv-01298-LJO-EPG

v.
ULRS, INC., et al.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
MOTION TO SET ASIDE DEFAULT AND
DEFAULT JUDGMENT

Defendants.
(ECF Nos. 20, 29)

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Plaintiff, Aggie Thao, filed this action alleging violations of the Fair Debt Collection

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Practices Act, 15 U.S.C. § 1692 et seq., on September 27, 2017. (ECF No. 1.) The matter was

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

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302.

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On December 27, 2018, default was entered against all defendants (ECF Nos. 8, 9), and

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on May 24, 2018, default judgment was entered against all defendants (ECF No. 19). On July 11,

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2018, defendant ULRS, Inc., moved to set aside default and default judgment. (ECF No. 20.) On

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August 28, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that the motion be granted, and that the entry of default and default judgment be

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set aside. (ECF No. 29.) The findings and recommendations were served on the parties and

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contained notice that any objections thereto were to be filed within fourteen days. (Id.) No
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objections have been filed.
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

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

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Accordingly,

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IT IS ORDERED:

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1. The findings and recommendations entered on August 28, 2018 (ECF No. 29) are

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adopted in full;
2. Defendant ULRS, Inc.’s motion to set aside entry of default and default judgment

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(ECF No. 20) is granted;

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3. The default judgment entered on May 24, 2018 (ECF No. 19) is vacated.

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4. The Clerk of the Court is directed to set aside the default as to Defendant ULRS,

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Inc.;

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5. Defendant ULRS, Inc., is directed to file a response to the complaint within

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fourteen (14) days after entry of this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 13, 2018

UNITED STATES CHIEF DISTRICT JUDGE
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