Zhang v. Aicem Group, LLC et al

Filing 33

ORDER by Judge Thelton E. Henderson adopting 30 Report and Recommendations and granting 22 Motion for Default Judgment. (tehlc3, COURT STAFF) (Filed on 3/6/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 FENGLIN ZHANG, Plaintiff, 5 v. 6 7 AICEM GROUP, LLC, et al., Case No. 13-cv-01342-TEH ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT Defendants. 8 9 This case was reassigned to this Court following the filing of a report and 11 United States District Court Northern District of California 10 recommendation by Magistrate Judge Kandis Westmore on January 28, 2014. Plaintiff 12 served the report and recommendation on Defendants’ representatives by mail on 13 February 10, 2014. No objections to the report and recommendation have been received, 14 and the period for filing such objections has now expired. See Fed. R. Civ. P. 72(b)(2) 15 (allowing fourteen-day period after service for filing objections); Fed. R. Civ. P. 6(d) 16 (allowing three additional days following service by mail). The Court has reviewed the report and recommendation and the record in this case, 17 18 and it accepts Judge Westmore’s recommendations in their entirety. Judge Westmore 19 recommended that judgment be granted in the amount of $354,048.26, Rep. & Rec. at 18, 20 but she also recommended that Plaintiff be awarded interest “to capture any amounts that 21 have accrued since the January 16, 2014 hearing date,” id. at 16. Forty-nine days have 22 passed since January 16, 2014, and Plaintiff is therefore entitled to an additional $3300.59 23 in interest. See Oct. 17, 2013 Ji Decl. ¶ 13 (calculating daily interest at $67.3589). This 24 brings the total amount due to $357,348.85. 25 // 26 // 27 // 28 // 1 With good cause appearing, Petitioner’s motion for default judgment is therefore 2 GRANTED against Defendants Aicem Group, LLC, and Wenly Group, LLC, jointly and 3 severally, in the amount of $357,348.85. The Clerk shall enter judgment and close the file. 4 5 IT IS SO ORDERED. 6 7 8 Dated: 03/06/14 _____________________________________ THELTON E. HENDERSON United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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