BVD Petroleum US Inc v. MB Xpress Inc. et al

Filing 18

ORDER signed by Chief District Judge Kimberly J. Mueller on 9/10/2020 ADOPTING 17 Findings and Recommendations in full and GRANTING 10 Motion for Default Judgment. Plaintiff is AWARDED final judgment in the amount of $242,561.75. BVD is entitled to post-judgment interest, pursuant to 28 U.S.C. § 1961. CASE CLOSED. (Huang, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BVD PETROLEUM US INC.,

12

Plaintiff,

13
14

v.

No. 2:19-cv-02137-KJM-KJN
ORDER
(ECF Nos. 10, 17)

MB XPRESS INC. ET AL,

15

Defendants.

16
On March 23, 2020, the magistrate judge filed findings and recommendations (ECF

17
18

No. 15), which were served on the parties and which contained notice that any objections to the

19

findings and recommendations were to be filed within fourteen (14) days. On March 26, plaintiff

20

objected, and the magistrate judge withdrew the findings and recommendations. (ECF Nos. 16,

21

17.) The magistrate judge then filed new findings and recommendations on April 1, 2020, and

22

required objections within seven (7) days. No objections were filed.
The court presumes that any findings of fact are correct. See Orand v. United States,

23
24

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

25

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

26

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

27

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

28

/////
1

1

supported by the record and by the proper analysis. Accordingly, IT IS HEREBY ORDERED

2

that:

3

1. The findings and recommendations (ECF No. 17) are ADOPTED IN FULL;

4

2. Plaintiff’s Motion for Default Judgment (ECF No. 10) is GRANTED;

5

3. Plaintiff is awarded final judgment in the amount of $242,561.75; and

6

4. BVD is entitled to post-judgment interest, pursuant to 28 U.S.C. § 1961.

7

DATED: September 10, 2020.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2