USA v. Sterling Centrecorp Inc. et al
Filing
149
ORDER signed by Judge Morrison C. England, Jr. on 09/19/2011 FINDINGS AND RECOMMENDATIONS 134 are ADOPTED in FULL; Plaintiffs' # 105 motion for default judgment against Elder Development is Partially GRANTED: a) Default judgment is GRANTED on the question of liability; and b) Default judgment is DENIED without prejudice as to the question of damages. (Reader, 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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UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF
TOXIC SUBSTANCES CONTROL,
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Plaintiffs,
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vs.
ORDER
STERLING CENTRECORP, INC.
STEPHEN P. ELDER, and
ELDER DEVELOPMENT, INC.,
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Defendants.
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No. 2:08-cv-02556 MCE JFM
Plaintiffs filed the above-entitled action. The matter was referred to a United
States Magistrate Judge pursuant to Local Rule 72-302(c)(21).
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On June 6, 2011, the magistrate judge filed findings and recommendations herein
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which were served on counsel and Stephen Elder and which contained notice that any objections
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to the findings and recommendations were to be filed within fourteen days. Defendant Sterling
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Centrecorp, Inc., filed objections challenging certain factual findings made by the magistrate
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judge. Defendant Stephen Elder also filed objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-
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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire
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file, the court finds the findings and recommendations to be supported by the record and by
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proper analysis.1
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations filed June 6, 2011 are adopted in full;2
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2.
Plaintiffs’ motion for default judgment against Elder Development is
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partially granted:
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a.
Default judgment is granted on the question of liability; and
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b.
Default judgment is denied without prejudice as to the question of
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damages.
Dated: September 19, 2011
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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To the extent defendants challenge certain factual findings made by the magistrate
judge, the court notes that those objections are immaterial to the recommendation made that
default judgment be partially granted. The court will, however, take those objections into
consideration when considering the pending motions for summary judgment.
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