King et al v. Portfolio Preservation, LLC, et al
Filing
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ORDER signed by District Judge John A. Mendez on 4/26/2021 ADOPTING in full the #25 Findings and Recommendations; GRANTING Plaintiff's #23 motion for default judgment against defendant Charles with damages in the amount of $2,121,675.05, Attorneys' fees and costs in the amount of $11,063.05; VACATING, the 6/11/2021 trial date and related pre-trial deadlines; GRANTING Plaintiff's request to serve defendants Portfolio Preservation, LLC, and Aegis American Risk Management Group, LLC, by hand to the California Secretary of State ; and LIFTING the prohibition in the court's 12/23/2019 order on service of defendants without leave of court as to defendants Portfolio Preservation, LLC, and Aegis American Risk Management Group, LLC. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GORDON KING, et al.,
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Plaintiffs,
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No. 2:19-cv-01916 JAM CKD
v.
ORDER
PORTFOLIO PRESERVATION, LLC, et
al.,
Defendants.
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This matter was referred to a United States Magistrate Judge pursuant to Local Rule
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302(c)(19). On February 22, 2021, the magistrate judge filed findings and recommendations
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herein which contained notice that any objections to the findings and recommendations were to
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be filed within fourteen days. (ECF No. 25.) That time period has passed and no party has filed
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objections. Plaintiff has filed a response to the magistrate judge’s order to explain the status of
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defendant Aegis and how plaintiff wishes to proceed. (ECF No. 27.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
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court has conducted a review of this matter. The court finds the findings and recommendations to
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be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations filed February 22, 2021, are adopted in full;
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2. Plaintiff Donna Rae King’s Motion for Default Judgment (ECF No. 23) is Granted;
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3. The Clerk shall enter judgment in plaintiff’s favor and against defendant Charles;
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4. Plaintiff is awarded damages in the amount of $2,121,675.05;
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5. Plaintiff is awarded attorneys’ fees and costs in the amount of $11,063.05;
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6. Since there are no remaining served or appearing defendants, the June 11, 2021 trial
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date and related pre-trial deadlines are vacated;
7. Good cause shown, plaintiff’s request to serve defendants Portfolio Preservation, LLC,
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dba Aegis Shield and Aegis American Risk Management Group, LLC, by hand to the
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California Secretary of State pursuant to California Corporations Code section
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17701.16(c) (ECF No. 27) is Granted; and
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8. Good cause shown, the prohibition in the court’s December 23, 2019 scheduling order
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on further service of defendants without leave of court (ECF No. 10) is lifted as to
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defendants Portfolio Preservation, LLC, dba Aegis Shield and Aegis American Risk
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Management Group, LLC.
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DATED: April 26, 2021
/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE
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