Louie v. Stomer Family 2000 Revocable Trust et al

Filing 119

ORDER ADOPTING 117 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 11/5/13 DENYING 52 Motion to Set Aside Dismissal. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE S. LOUIE,

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No. 2:11-cv-0108-JAM-KJN PS

Plaintiff,
v.

ORDER

STOMER FAMILY 2000 REVOCABLE
TRUST, et al.,
Defendants.

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On July 19, 2013, the magistrate judge filed findings and recommendations (ECF No.

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117), 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 (14) days. On July 31, 2013, third

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party lien claimant Elena Sadur filed objections to the findings and recommendations (ECF No.

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118), which have been considered by the court.

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

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

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981); see also Dawson v. Marshall, 561 F.3d

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930, 932 (9th Cir. 2009). As to any portion of the proposed findings of fact to which no objection

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has been made, the court assumes its correctness and decides the matter on the applicable law.

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See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s
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conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d

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452, 454 (9th Cir. 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 findings and recommendations in full. Accordingly,

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IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 117) are ADOPTED.

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2. Third party lien claimant Sadur’s motion to set aside the dismissal of the case (ECF

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No. 52) is DENIED.

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DATED: November 5, 2013

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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