E*Healthline.com, Inc. v. Pharmaniaga Berhad et al

Filing 93

ORDER signed by Senior Judge Morrison C. England, Jr on 10/4/2020 ADOPTING 90 Findings and Recommendations in full; DENYING 81 Motion for Default Judgment for lack of personal jurisdiction. Having determined that this Court lacks jurisdiction over Plaintiff's claims against Modern, that Defendant is hereby DISMISSED without prejudice. The Clerk of the Court is directed to close this case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E*HEALTHLINE.COM, INC., a Delaware
corporation,
Plaintiff,

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No. 2:18-cv-1069-MCE-EFB

ORDER
v.
PHARMANIAGA BERHAD, and
MODERN INDUSTRIAL INVESTMENT
HOLDING GROUP COMPANY
LIMITED,
Defendants.

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Plaintiff’s motion for default judgment against Modern Industrial Investment Holding

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Group Company Limited (“Modern”) was submitted for decision without oral argument by the

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magistrate judge on February 25, 2020. The matter was referred to a United States Magistrate

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Judge pursuant to Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).

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On September 11, 2020, the magistrate judge filed findings and recommendations herein

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which contained notice to the parties that any objections to the findings and recommendations

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were to be filed within fourteen days. Plaintiff filed objections on September 24, 2020, and they

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were considered by the undersigned.

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore
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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the court

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assumes its correctness and decides the motions on the applicable law. See Orand v. United

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

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

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The Court has reviewed the applicable legal standards and, good cause appearing,

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concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations filed September 11, 2020, are ADOPTED in full.

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2. Plaintiff’s motion for default judgment (ECF No. 81) is DENIED for lack of personal

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jurisdiction.
3. Having determined that this Court lacks jurisdiction over Plaintiff’s claims against
Modern, that Defendant is hereby DISMISSED without prejudice.

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4. The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated: October 4, 2020

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