Johnson v. Kyeong Industrial Inc. et al

Filing 23

ORDER adopting 22 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr., on 11/22/11 ORDERING that plaintiff's 20 motion for default judgment against defendants Kyeong Industrial Inc., individually and d/b/a Sams Teriyaki; Danny Rodriguez, individually and d/b/a Yaquis Taqueria; and Angelica Avina Rodriguez, individually and d/b/a/ Yaquis Taqueria is DENIED without prejudice. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT N. JOHNSON,

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Plaintiff,

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No. CIV-S-11-0694-GEB-KJN

vs.
KYOENG INDUSTRIAL, INC.,
et al.,

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Defendants.
__________________________________/

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ORDER

On October 21, 2011, the magistrate judge filed findings and recommendations herein

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

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and 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 October 21, 2011, are
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ADOPTED; and
2. Plaintiff’s motion for default judgment against defendants Kyeong Industrial Inc.,

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individually and d/b/a Sam’s Teriyaki; Danny Rodriguez, individually and d/b/a Yaquis

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Taqueria; and Angelica Avina Rodriguez, individually and d/b/a/ Yaquis Taqueria (Dkt No. 20)

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is denied without prejudice.

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Dated: November 22, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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