J & J Sports Productions, Inc. v. Carbrera, et al.

Filing 46

ORDER signed by District Judge John A. Mendez on 8/10/2016 PROPOSED FINDINGS AND RECOMMENDATIONS 40 are ADOPTED; and Plaintiff's 28 Motion for Summary Judgment is GRANTED on the issues of liability for violation of Sec 605 and conversion. (Reader, L)

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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 J & J SPORTS PRODUCTIONS, INC., 12 Plaintiff, 13 14 No. 2:14-cv-2667-JAM-EFB PS v. ORDER LUIS ALONSO CABRERA, et al., 15 Defendants. 16 On June 3, 2016, the magistrate judge filed findings and recommendations herein which 17 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Defendants filed objections on June 23, 20 2016, and they were considered by the undersigned. This court reviews de novo those portions of the proposed findings of fact to which 21 22 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 23 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 24 to any portion of the proposed findings of fact to which no objection has been made, the court 25 assumes its correctness and decides the motions on the applicable law. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 ///// 1 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 3 Accordingly, IT IS ORDERED that: 4 1. The proposed Findings and Recommendations filed June 3, 2016, are adopted; and 5 2. Plaintiff’s motion for partial summary judgment, ECF No. 28, is granted on the issues 6 of liability for violation of § 605 and conversion. 7 DATED: August 10, 2016 8 /s/ John A. Mendez_______________________ 9 UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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