Johnson v. Mehrabi

Filing 18

ORDER ADOPTING 16 FINDINGS and RECOMMENDATIONS, in full, signed by Judge Kimberly J. Mueller on 3/13/2015. Plaintiff's 14 Motion for Default Judgment is DENIED. Within 15 days from date of this Order, defendant shall file either a Stipulation to set aside 7/3/2014 13 Entry of Default and an Answer to 14 Complaint or a Motion to Set Aside the 7/3/2014 13 Entry of Default accompanied by a proposed Answer to Complaint. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:13-cv-1519-KJM-EFB

v.

ORDER

KARIM MEHRABI, and DOES 1-10,

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Defendants.

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Plaintiff’s motion for default judgment came on regularly for hearing before the

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magistrate judge on September 3, 2014. The matter was referred to a United States Magistrate

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Judge as provided by Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).
On January 14, 2015, the magistrate judge filed findings and recommendations, which

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contained notice to the parties that any objections to the findings and recommendations were to be

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filed within fourteen days. No objections were filed.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the court finds the findings and recommendations to be supported by the record and by

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the proper analysis.

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At the time of the hearing before the magistrate judge, counsel for defendant represented

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that the parties had reached a stipulation to withdraw plaintiff’s motion for default judgment.

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Findings and Recommendations at 6, ECF No. 16. The parties have not filed that stipulation.

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The magistrate judge recommends the motion be denied and that will be the order of the court.

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Defendant Mehrabi’s default, ECF No. 13, has not been set aside. Good cause appearing,

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defendant will be directed to file, within fifteen days, either a stipulation to set aside the July 3,

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2014 entry of default, ECF No. 13, and an answer to the complaint or a motion to set aside the

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default accompanied by a proposed answer.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed January 14, 2015, are adopted in full;

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2. Plaintiff’s motion for default judgment, ECF No. 14, is denied; and

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3. Within fifteen days from the date of this order defendant shall file either a stipulation

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to set aside the July 3, 2014 entry of default and an answer to the complaint or a motion to set

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aside the July 3, 2014 entry of default accompanied by a proposed answer to the complaint.

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DATED: March 13, 2015.

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UNITED STATES DISTRICT JUDGE

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