Newsom et al v. Countrywide Home Loans, Inc. et al

Filing 152

ORDER by Judge ARMSTRONG denying 121 Motion for Default Judgment; granting 136 Motion to Set Aside Default; adopting Report and Recommendations as to 148 Report and Recommendations. (lrc, COURT STAFF) (Filed on 3/21/2013)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 PETER NEWSOME AND STEPHANIE Case No: C 09-5288 SBA 6 NEWSOME, Plaintiffs, 7 8 ORDER ACCEPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE vs. Dkt. 121, 136, 148 9 COUNTRYWIDE HOME LOANS, INC. DBA AMERICA’S WHOLESALE LENDER, 10 MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC., 11 BANKERS ALLIANCE INC., JULIE WHITESIDE, and DOES 1-20, inclusive, 12 Defendants. 13 14 15 The Court previously referred Plaintiffs’ Second Application for Default Judgment 16 (Dkt. 121) and Julie Whiteside’s pro se Motion to Set Aside Default (Dkt. 136) to 17 Magistrate Judge Nandor Vadas (“the Magistrate”) for a report and recommendation. (Dkt. 18 122, 139.) 19 On February 28, 2013, the Magistrate issued a report and recommendation in which 20 he recommended that: “(1) Whiteside’s motion to set aside entry of default be granted; 21 (2) Plaintiffs’ motion for default judgment against Julie Whiteside be denied; and 22 (3) Plaintiffs’ motion for default judgment against Bankers’ Alliance be denied without 23 prejudice.” (Dkt. 148 at 1.) 24 Any objections to a report and recommendation must be filed within fourteen days 25 of receipt thereof. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Civ. L.R. 72-2, 72-3. The 26 district court must “make a de novo determination of those portions of the report to which 27 objection is made,” and “may accept, reject, or modify, in whole or in part, the findings or 28 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also Civ. L.R. 1 72-3(a) (requiring that any objections be accompanied by a motion for de novo 2 determination). The deadline to file an objection to the report and recommendation was 3 March 14, 2013. See Fed. R. Civ. P. 6(a)(1), 72(b). To date, no objections have been filed 4 in this case. 5 In the absence of a timely objection, the Court “need only satisfy itself that there is 6 no clear error on the face of the record in order to accept the recommendation.” Fed. R. 7 Civ. P. 72, Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court, 501 8 F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 9 (9th Cir. 2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district 10 judge must review the magistrate judge’s findings and recommendations de novo if [an] 11 objection is made, but not otherwise.”) (en banc). The Court has reviewed the record on its 12 face and finds no clear error. Accordingly, 13 IT IS HEREBY ORDERED THAT the magistrate judge’s report and 14 recommendation (Dkt. 148) is ACCEPTED and shall become the Order of this Court. 15 Thus, Defendant Julie Whiteside’s motion to set aside entry of default is 16 GRANTED; Plaintiffs’ motion for default judgment against Julie Whiteside is DENIED; 17 and (3) Plaintiffs’ motion for default judgment against Bankers’ Alliance is DENIED 18 without prejudice. The Clerk shall terminate Docket 121, 136 and 148. 19 20 IT IS SO ORDERED. Dated: March 20, 2013 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 21 22 23 24 25 26 27 28 -2- 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PETER AND STEPHANIE NEWSOM et al, 5 6 7 8 Plaintiff, v. COUNTRYWIDE HOME LOANS INC et al, Defendant. / 9 10 Case Number: CV09-05288 SBA 11 CERTIFICATE OF SERVICE 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 21, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 21 22 23 24 Julie Whiteside 1212 Sterns Drive Los Angeles, CA 90035 Dated: March 21, 2013 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 25 26 27 28 -3-

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