King et al v. Portfolio Preservation, LLC, et al

Filing 29

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GORDON KING, et al., 12 Plaintiffs, 13 14 15 No. 2:19-cv-01916 JAM CKD v. ORDER PORTFOLIO PRESERVATION, LLC, et al., Defendants. 16 17 This matter was referred to a United States Magistrate Judge pursuant to Local Rule 18 302(c)(19). On February 22, 2021, the magistrate judge filed findings and recommendations 19 herein which contained notice that any objections to the findings and recommendations were to 20 be filed within fourteen days. (ECF No. 25.) That time period has passed and no party has filed 21 objections. Plaintiff has filed a response to the magistrate judge’s order to explain the status of 22 defendant Aegis and how plaintiff wishes to proceed. (ECF No. 27.) 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 court has conducted a review of this matter. The court finds the findings and recommendations to 25 be supported by the record and by proper analysis. 26 //// 27 //// 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations filed February 22, 2021, are adopted in full; 3 2. Plaintiff Donna Rae King’s Motion for Default Judgment (ECF No. 23) is Granted; 4 3. The Clerk shall enter judgment in plaintiff’s favor and against defendant Charles; 5 4. Plaintiff is awarded damages in the amount of $2,121,675.05; 6 5. Plaintiff is awarded attorneys’ fees and costs in the amount of $11,063.05; 7 6. Since there are no remaining served or appearing defendants, the June 11, 2021 trial 8 9 date and related pre-trial deadlines are vacated; 7. Good cause shown, plaintiff’s request to serve defendants Portfolio Preservation, LLC, 10 dba Aegis Shield and Aegis American Risk Management Group, LLC, by hand to the 11 California Secretary of State pursuant to California Corporations Code section 12 17701.16(c) (ECF No. 27) is Granted; and 13 8. Good cause shown, the prohibition in the court’s December 23, 2019 scheduling order 14 on further service of defendants without leave of court (ECF No. 10) is lifted as to 15 defendants Portfolio Preservation, LLC, dba Aegis Shield and Aegis American Risk 16 Management Group, LLC. 17 18 19 20 DATED: April 26, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 28 2

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