Mitchell v. Sacramento City Unified School District

Filing 23

ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS signed by Senior Judge Lawrence K. Karlton on 8/25/11 GRANTING 16 Motion to Set Aside ; DENYING 13 Motion for Default Judgment ; dft shall file its Rule 12 motion within 10 days and set the hearing before Judge Karlton as soon as practicable. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EKIN MITCHELL,
Plaintiff,

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No. CIV S-11-0362 LKK DAD

v.
SACRAMENTO CITY UNIFIED
SCHOOL DISTRICT,
ORDER

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Defendant.
/

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The matter was referred to a United States Magistrate Judge pursuant to Local
Rule 302(c)(19) and by minute order filed June 29, 2011 (Doc. No. 15).
On August 1, 2011, the magistrate judge filed findings and recommendations

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

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objections were to be filed within fourteen days after the filing of the findings and

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recommendations. No objections to the findings and recommendations have been filed.

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The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 1, 2011 (Doc. No. 22) are

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adopted in full;
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2. Defendant’s June 30, 2011 amended motion to set aside default (Doc. No. 16)
is granted without conditions, except as set forth below;

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3. Plaintiff’s June 24, 2011 motion for default judgment (Doc. No. 13) is denied;
and
4. Defendant shall file its Rule 12 motion within ten days after this order is filed

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and shall set the motion for hearing before the undersigned as soon as practicable.

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DATED: August 25, 2011.

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