Northern California Glaziers Pension Trust Fund et al v. Hollis Glass, Inc. et al

Filing 45

ORDER GRANTING 16 DEFAULT JUDGMENT, and ADOPTING MAGISTRATE JUDGE'S 35 AMENDED REPORT AND RECOMMENDATION. Signed by Judge Claudia Wilken on 1/27/2012. (ndr, COURT STAFF) (Filed on 1/27/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 NORTHERN CALIFORNIA GLAZIERS PENSION TRUST FUND; DOUGLAS CHRISTOPHER, Trustee; and JOHN MAGGIORE, Trustee, Plaintiffs, v. HOLLIS GLASS, INC., a California corporation; HOLLIS GLASS COMPANY, a general partnership; THE HOLLIS EQUIPMENT FAMILY LIMITED PARTNERSHIP, a California limited partnership; JOHN PAUL HOLLIS, individually, as partner of Hollis Glass Company and as general partner of The Hollis Equipment Family Limited Partnership; and DOES 1-20, No. C 11-00966 CW ORDER GRANTING DEFAULT JUDGMENT, Docket Nos. 16 and 43, and ADOPTING MAGISTRATE JUDGE'S AMENDED REPORT AND RECOMMENDATION, Docket No. 35 Defendants. ________________________________/ 21 22 On January 26, 2012, the Court denied without prejudice 23 Plaintiffs' motion for default judgment against Defendant Hollis 24 Glass, Inc. because partial default judgment is disfavored. 25 Subsequently, Plaintiffs filed a notice of voluntary dismissal of 26 their claims against Defendant John Paul Hollis as a partner of 27 28 Hollis Glass Company and renewed their request for default 1 judgment. 2 the sole remaining Defendant and Plaintiffs' request for default 3 judgment will resolve all that remains in this action. 4 for objections to Plaintiffs' motion for default judgment has 5 passed and none were filed. 6 As a result of the dismissal, Hollis Glass, Inc. is now The time Furthermore, the Court has reviewed Magistrate Judge James’ Amended Report and Recommendation Re: 7 Plaintiffs' Motion for Default Judgment and finds the Report 8 9 United States District Court For the Northern District of California 10 11 correct, well-reasoned and thorough, and adopts its recommendation to grant default judgment against Hollis Glass, Inc. Accordingly, IT IS HEREBY ORDERED that the Motion for Default Judgment is 12 GRANTED. 13 order. 14 The Clerk shall enter judgment in accordance with this IT IS SO ORDERED. 15 16 17 Dated: 1/27/2012 CLAUDIA WILKEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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