Galtieri-Carlson et al v. Morton, et al.,

Filing 57

AMENDED ORDER signed by Judge Kimberly J. Mueller on 10/3/2012. The 50 Findings and Recommendations filed on 2/4/2011 are ADOPTED. The 44 54 Application for Default Judgment filed by plaintiffs in Dillard v. Victoria M. Morton Enterprises (2:0 8-cv-1339 KJM KJN PS) is GRANTED. Default Judgment, imposing joint and several liability, is entered in that case against following defendants: VMM Enterprises, Inc., Suddenly Slender, Inc., and Suddenly Slender International, Inc.. General damages in amount of $200,000 are awarded to plaintiff Marilyn Dillard General; damages in amount of $50,000 to plaintiff Stephen Dillard; in amount of $50,000 to plaintiff Ariel Dillard; in amount of $100,000 to plaintiff Ciera Dillard. The 34 40 Application for Default Judgment filed by plaintiffs in Galtieri-Carlson v. Victoria M. Morton Enterprises Inc. (2:08-cv-1777 KJM KJN PS) is GRANTED. Default Judgment, imposing joint and several liability, entered in that case against f ollowing defendants: VMM Enterprises Inc.; Suddenly Slender Inc.; and Suddenly Slender International Inc.. General damages in amount of $125,000 awarded to plaintiff Ruth Galtieri-Carlson; damages in amount of $200,000 awarded to plaintiff Deana Galtieri; amount of $75,000 awarded to plaintiff Christian Galtieri-Brown. Clerk directed to CLOSE this case. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,

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No. 2:08-cv-1339 KJM KJN PS

MARILYN DILLARD, et. al.,

v.
VICTORIA M. MORTON ENTERPRISES,
INC., et. al.,
Defendants.

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Plaintiffs,

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No. 2:08-cv-1777 KJM KJN PS

RUTH GALTIERI-CARLSON, et. al.,

v.
VICTORIA M. MORTON ENTERPRISES,
INC., et. al.,
Defendants.

AMENDED ORDER

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On June 20, 2011 this court entered default judgment for plaintiffs. Plaintiffs
have since sought to domesticate the order in the State of Florida, where the defendants are

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incorporated. However, plaintiffs have since learned that the defendants are registered with the

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Florida Secretary of State under business names slightly different than the names used in the

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order. “The court may correct a clerical mistake or a mistake arising from oversight or omission

L AW O FFICE OF
J EFFREY D. F ULTON

AMENDED ORDER

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whenever one is found in a judgment, order, or other part of the record. The court may do so on

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motion or on its own, with or without notice.” FED. R. CIV. P. 60(a). Upon plaintiffs’ motion,

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the court amends its order as follows:

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On February 4, 2011, the magistrate judge filed findings and recommendations in
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these related cases. The findings and recommendations were served on the parties and contained

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notices that any objections to the findings and recommendations were to be filed within fourteen

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days. No objections have been filed in either case.

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Accordingly, the court presumes that any findings of fact are correct. See Orand
v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law
are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983).
The court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the findings and recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The findings and recommendations filed in each of the above-captioned cases

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on February 4, 2011, are ADOPTED;

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2. The application for default judgment filed by plaintiffs in Dillard, et al. v.
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Victoria M. Morton Enterprises, Inc., et al., No. 2:08-cv-1339 KJM KJN PS (Dkts. Nos. 44, 54)

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is granted, and default judgment, imposing joint and several liability, is entered in that case

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against the following defendants: VMM Enterprises, Inc., Suddenly Slender, Inc., and Suddenly

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Slender International, Inc.;

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3. General damages in the amount of $200,000 are awarded to plaintiff Marilyn
Dillard;

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L AW O FFICE OF
J EFFREY D. F ULTON

AMENDED ORDER

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4. General damages in the amount of $50,000 are awarded to plaintiff Stephen
Dillard;

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5. General damages in the amount of $50,000 are awarded to plaintiff Ariel

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Dillard;
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6. General damages in the amount of $100,000 are awarded to plaintiff Ciera

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Dillard;
7. The application for default judgment filed by plaintiffs in Galtieri-Carlson, et

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al. v. Victoria M. Morton Enterprises, Inc., et al., No. 2:08-cv-1777 KJM KJN PS (Dkt. Nos. 34,
40) is granted, and default judgment, imposing joint and several liability, is entered in that case
against the following defendants: VMM Enterprises, Inc., Suddenly Slender, Inc., and Suddenly

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Slender International, Inc.;
8. General damages in the amount of $125,000 are awarded to plaintiff Ruth

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Galtieri-Carlson;

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9. General damages in the amount of $200,000 are awarded to plaintiff Deana
Galtieri;
10. General damages in the amount of $75,000 are awarded to plaintiff Christian

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Galtieri-Brown; and
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11. The Clerk of Court is directed to close this case.
DATED: October 3, 2012.

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UNITED STATES DISTRICT JUDGE

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L AW O FFICE OF
J EFFREY D. F ULTON

AMENDED ORDER