United States of America v. Counterfeit Merchandise and Proceeds from Sales of Counterfeit Merchandise, Including: et al

Filing 48

ORDER by Judge Edward M. Chen granting 46 Plaintiff's Motion for Administrative Relief; and Report and Recomendation re 29 Plaintiff's Motion for Default Judgment. Any party may file objections to this report and recommendation with the district judge within fourteen days after being served with a copy. (emclc1, COURT STAFF) (Filed on 5/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.
COUNTERFEIT MERCHANDISE AND
PROCEEDS FROM SALES OF
COUNTERFEIT MERCHANDISE, et al.,

No. C-10-3054 JSW (EMC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR ADMINISTRATIVE
RELIEF; AND REPORT AND
RECOMMENDATION RE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
(Docket Nos. 29, 46)

Defendants.
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On May 3, 2011, this Court issued a report and recommendation in which it recommended

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that a “default judgment be entered against the defendant property other than Group (3), Group (8),

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and the $3,987 cash identified in Group (6).” Docket No. 45 (R&R at 14). The government has

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now filed a motion asking that the recommendation be corrected based on a ministerial error by the

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Court. The Court has reviewed the government’s motion and agrees that a ministerial error was

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made with respect to Group (3). Thus, the Court recommends that the government’s proposed order

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at Docket No. 47, which incorporates the correction to Group (3), be adopted. In particular, the

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Court recommends that the default judgment include the 6,228 articles of counterfeit merchandise

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listed in Group (3).

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Any party may file objections to this report and recommendation with the district judge

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within fourteen days after being served with a copy. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b); Civil L.R. 72-3.

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IT IS SO ORDERED.

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Dated: May 16, 2011

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_________________________
EDWARD M. CHEN
United States Magistrate Judge

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For the Northern District of California

United States District Court

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