Johnson v. Mateo Development, LLC et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2015 DENYING 16 Request for Issuance of Abstract of Judgment, 17 Application for Writ of Garnishment, 18 , 19 Motions to Enforce Judgment as premature; VACATING the Motion Hearing set for 4/16/2015. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSON, 12 13 14 15 No. 2:14-cv-1942-KJM-KJN Plaintiff, v. ORDER MATEO DEVELOPMENT, LLC, et al., Defendants. 16 17 On January 8, 2015, the court issued findings and recommendations (ECF No. 15), 18 recommending that plaintiff’s motion for default judgment (ECF No. 11) be granted in part. 19 Those findings and recommendations remain pending before the district judge. 20 Subsequently, on January 22, 2015, plaintiff filed a request for issuance of abstract of 21 judgment and an application for writ of garnishment. (ECF Nos. 16, 17.) Thereafter, on January 22 30, 2015, plaintiff filed two motions to enforce the judgment by conducting judgment debtor 23 examinations. (ECF Nos. 18, 19.) However, because the district judge has not yet resolved the 24 findings and recommendations, and judgment has not been entered, plaintiff’s motions and 25 requests concerning judgment enforcement are premature. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Plaintiff’s motions and requests concerning judgment enforcement (ECF Nos. 16-19) 28 are DENIED WITHOUT PREJUDICE as premature. 1 1 2 2. The April 16, 2015 hearing is VACATED. Dated: January 30, 2015 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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