Bank of America, N.A. v. Alizadeh et al

Filing 49

ORDER signed by Judge John A. Mendez on 6/30/11 ORDERING that the proposed FINDINGS AND RECOMMENDATIONS filed 4/28/11 48 are ADOPTED; Defendants' MOTIONS to SET ASIDE the entry of Default 43 , 44 are GRANTED. The Clerk's Certificate of Entry of Default 9 is SET ASIDE; and Plaintiff's MOTION for Default 11 is DENIED. (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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BANK OF AMERICA, N.A., as Successor
Trustee to LaSalle Bank National
Association, as Trustee for the Registered
Holders of Morgan Stanley Capital I Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2004-HQ4, a national
banking company,

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Plaintiff,

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No. 2:09-cv-03557 JAM KJN PS

v.
ABOLGHASSEM ALIZADEH, an
individual, KOBRA ALIZADEH, an
individual,

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Defendants.

ORDER
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On April 28, 2011, the magistrate judge filed findings and recommendations herein which

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

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recommendations were to be filed within fourteen days. No objections were filed.

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Accordingly, the court presumes that any findings of fact are correct. 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 School 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,
concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The Proposed Findings and Recommendations filed April 28, 2011, are ADOPTED;

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2. Defendants’ motions to set aside the entry of default (Dkt. Nos. 43, 44) are granted;

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3. The Clerk’s Certificate of Entry of Default (Dkt. No. 9) is set aside; and

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4. Plaintiff’s motion for default judgment (Dkt. No. 11) is denied.

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DATED: June 30, 2011

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/s/ John A. Mendez

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UNITED STATES DISTRICT JUDGE

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