Lasheen v. Loomis Company, et al

Filing 329

ORDER signed by Senior Judge Lawrence K. Karlton on 4/15/11 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 3/7/11 326 are ADOPTED in full; Loomis' Applciation for entry of default judgment against the Egyptian defendants is GRANTED. Loom is is awarded $270,419.65 in attorneys fees and costs, plus $55,195.06 in pre-judgment interest, for a total of $325,614.71, to be to be paid by the Egyptian defendants. The Egyptian defendants may file a motion or stipulation for a stay of the fee award within fourteen (14) days of the issuance of this order. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOHAMMED E. LASHEEN,

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Plaintiff,

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No. CIV S-01-0227 LKK EFB

vs.

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THE LOOMIS COMPANY, et al.,

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Defendants.
__________________________________/

ORDER

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AND RELATED CROSS-CLAIM.
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/

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Cross-Claimant Loomis Company’s Motion for Default Judgment came on

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regularly for hearing before the assigned magistrate judge on October 20, 2010. The matter was

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referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19) and 28 U.S.C.

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§ 636(b)(1).

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On March 7, 2011, the magistrate judge filed findings and recommendations

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herein which were served on the parties and which contained notice to the parties that any

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objections to the findings and recommendations were to be filed within fourteen days.

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The Egyptian defendants filed objections on March 21, 2011, and they were considered by the

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undersigned.

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This court reviews de novo those portions of the proposed findings of fact to

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which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v.

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Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920

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(1982). As to any portion of the proposed findings of fact to which no objection has been made,

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the court assumes its correctness and decides the motions on the applicable law. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir.

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1983).

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The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed March 7, 2011, are adopted in full;

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2. Loomis’s application for entry of default judgment against the Egyptian

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defendants is granted; and
3. Loomis is awarded $270,419.65 in attorneys fees and costs, plus $55,195.06 in
pre-judgment interest, for a total of $325,614.71, to be to be paid by the Egyptian defendants.
4. The Egyptian defendants may file a motion or stipulation for a stay of the fee

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award within fourteen (14) days of the issuance of this order.

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DATED: April 15, 2011.

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