PNC Bank v. Smith et al

Filing 62

ORDER signed by Judge John A. Mendez on 3/18/2013 ADOPTING 56 Findings and Recommendations and DENYING 39 Motion for Summary Judgment. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PNC BANK, N.A., a National Association,
as successor in interest to National City Bank,

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Plaintiff,

No. 2:10-cv-1916-JAM-EFB PS

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vs.
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BELINDA L. SMITH, in personam;
JACOB WINDING, in personam;
B & B DREAMIN’, Hull No. GMKD283C505
(the “Vessel”), its engines, machinery,
appurtenances, etc., in rem,

ORDER

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Defendants.
__________________________________/

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On January 15, 2013, the magistrate judge filed findings and recommendations

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

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findings and recommendations were to be filed within fourteen days. No objections were filed.1

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Accordingly, the court presumes any findings of fact are correct. See Orland v.

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United States, 602 F.2d 207, 208 (9th Cir. 1999). 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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Although it appears from the file that defendant Winding’s copy of the findings and
recommendations was returned, that party was properly served. It is a party’s responsibility to keep
the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of
documents at the record address of the party is fully effective.
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1983).
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 January 15, 2013, are

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ADOPTED; and
2. Plaintiff’s motion for summary judgment, Dckt. No. 39, is denied.
DATED: March 18, 2013

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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