Hmong I v. Lao People's Democratice Republic, et al

Filing 40

ORDER signed by District Judge Troy L. Nunley on 6/13/2016 ORDERING The findings and recommendations 34 are ADOPTED in FULL; Plaintiff's 19 motion for default judgment is DENIED in its entirety; the Court hereby STRIKES 31 the first amende d complaint filed 3/30/2016, due to Plaintiff's failure to request leave to amend in accordance with FRCP 15(a)(2); because it appears 36 the pending motion for default judgment and motion for class certification 35 are based upon the amended complaint, those motions are DENIED as MOOT; Plaintiff is ORDERED to SHOW CAUSE, in writing within 30 days of this order, why this case should not be dismissed for lack of federal jurisdiction.(Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

HMONG I, a fictitious name, on behalf of
herself and as representative of members of
a class of similarly situated claimants,

13
14
15
16

Plaintiff,

19
20

ORDER

v.
LAO PEOPLE’S DEMOCRATIC
REPUBLIC, et al.,
Defendants.

17
18

No. 2:15-cv-02349 TLN AC

This motion for default judgment was referred to a United States Magistrate Judge by
Local Rule 302(c)(19).
On May 17, 2016, the magistrate judge filed findings and recommendations herein which

21

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

22

findings and recommendations were to be filed within twenty-one days.1 (ECF No. 34.) Plaintiff

23

has filed objections to the findings and recommendations. (ECF No. 39.)

24

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

25

Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

26

Court finds the findings and recommendations to be supported by the record and by proper

27

analysis.

28

1

The magistrate judge’s previously filed findings and recommendations were vacated. (ECF Nos. 30 & 34.)

1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed May 17, 2016 (ECF No. 34), are adopted in

3

full.

4

2. Plaintiff’s motion for default judgment (ECF No. 19) is denied in its entirety.

5

3. The Court hereby strikes the first amended complaint filed March 30, 2016 (ECF No.

6

31), due to Plaintiff’s failure to request leave to amend in accordance with Federal Rule of Civil

7

Procedure 15(a)(2). Because it appears the pending motion for default judgment (ECF No. 36)

8

and motion for class certification (ECF No. 35) are based upon the amended complaint, those

9

motions are denied as moot.

10
11

4. Plaintiff is ordered to show cause, in writing within 30 days of this order, why this case
should not be dismissed for lack of federal jurisdiction.

12
13

Dated: June 13, 2016

14
15

Troy L. Nunley
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
2