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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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PETER NEWSOME AND STEPHANIE

Case No: C 09-5288 SBA

6 NEWSOME,

Plaintiffs,

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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,
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Defendants.
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The Court previously referred Plaintiffs’ Second Application for Default Judgment

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(Dkt. 121) and Julie Whiteside’s pro se Motion to Set Aside Default (Dkt. 136) to

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Magistrate Judge Nandor Vadas (“the Magistrate”) for a report and recommendation. (Dkt.

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122, 139.)

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On February 28, 2013, the Magistrate issued a report and recommendation in which

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he recommended that: “(1) Whiteside’s motion to set aside entry of default be granted;

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(2) Plaintiffs’ motion for default judgment against Julie Whiteside be denied; and

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(3) Plaintiffs’ motion for default judgment against Bankers’ Alliance be denied without

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prejudice.” (Dkt. 148 at 1.)

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Any objections to a report and recommendation must be filed within fourteen days

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of receipt thereof. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Civ. L.R. 72-2, 72-3. The

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district court must “make a de novo determination of those portions of the report to which

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objection is made,” and “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also Civ. L.R.

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72-3(a) (requiring that any objections be accompanied by a motion for de novo

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determination). The deadline to file an objection to the report and recommendation was

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March 14, 2013. See Fed. R. Civ. P. 6(a)(1), 72(b). To date, no objections have been filed

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in this case.

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In the absence of a timely objection, the Court “need only satisfy itself that there is

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no clear error on the face of the record in order to accept the recommendation.” Fed. R.

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Civ. P. 72, Advisory Committee Notes (1983) (citing Campbell v. U.S. Dist. Court, 501

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F.2d 196, 206 (9th Cir. 1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121

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(9th Cir. 2003) (“The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district

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judge must review the magistrate judge’s findings and recommendations de novo if [an]

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objection is made, but not otherwise.”) (en banc). The Court has reviewed the record on its

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face and finds no clear error. Accordingly,

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IT IS HEREBY ORDERED THAT the magistrate judge’s report and

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recommendation (Dkt. 148) is ACCEPTED and shall become the Order of this Court.

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Thus, Defendant Julie Whiteside’s motion to set aside entry of default is

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GRANTED; Plaintiffs’ motion for default judgment against Julie Whiteside is DENIED;

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and (3) Plaintiffs’ motion for default judgment against Bankers’ Alliance is DENIED

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without prejudice. The Clerk shall terminate Docket 121, 136 and 148.

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IT IS SO ORDERED.
Dated: March 20, 2013

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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PETER AND STEPHANIE NEWSOM et al,

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Plaintiff,
v.
COUNTRYWIDE HOME LOANS INC et al,
Defendant.
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Case Number: CV09-05288 SBA

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CERTIFICATE OF SERVICE

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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.

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Julie Whiteside
1212 Sterns Drive
Los Angeles, CA 90035

Dated: March 21, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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