Trinchitella v. American Realty Partners LLC, et al

Filing 69

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 ADOPTING 68 Findings and Recommendations in full; DENYING 59 Motion for Default Judgment. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD F. TRINCHITELLA,

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Plaintiff,

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No. 2:15-cv-2365-KJM-EFB

v.

ORDER

AMERICAN REALITY PARTNERS,
LLC, et al.,
Defendants.

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Plaintiff’s motion for entry of default judgment was submitted for decision without oral

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argument by the magistrate judge on March 13, 2020. The matter was referred to a United States

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Magistrate Judge as provided by Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).
On September 14, 2020, 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.
The court presumes that any findings of fact are correct. See Orand v. United States,

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

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed September 14, 2020, are adopted in full.

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2. Plaintiff’s motion for default judgment against American Housing Income Trust., Inc.

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(ECF No. 59) is denied.

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DATED: October 13, 2020.

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