AFCM, Inc et al v. Elite Global Farming and Logistics, Inc et al

Filing 81

ORDER by Judge Claudia Wilken ADOPTING MAGISTRATE JUDGE'S 76 REPORT AND RECOMMENDATION RE 68 MOTION FOR DEFAULT JUDGMENT. (ndr, COURT STAFF) (Filed on 8/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AFCM, INC, a California
corporation; FO-FARMER’S OUTLET,
INC, a California corporation;
Plaintiff,

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United States District Court
For the Northern District of California

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v.
ELITE GLOBAL FARMING AND
LOGISTICS, INC, a California
corporation; JOSE ESCAMILLA, an
individual; JOHN CREIGHTON, an
individual; STEPHEN WYRICK, an
individual; KENT CURLEY, an
individual; DAVID GATTIS, an
individual; AMBER RIGOR, an
individual; RICHARD ESCAMILLA,
SR., an individual; and RICHARD
ESCAMILLA, JR., an individual,

No. C 11-4677 CW
ORDER ADOPTING
MAGISTRATE JUDGE'S
REPORT AND
RECOMMENDATION RE
MOTION FOR DEFAULT
JUDGMENT

Defendants.
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The Court has reviewed Magistrate Judge Laporte’s Report and

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Recommendation Re Motion for Default Judgment.

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the Report correct, well-reasoned and thorough.

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was filed, Defendant Stephen Wyrick wrote to the Court asking that

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the case against him be dismissed.

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The Court finds
After the Report

He admits that he was served

with the complaint, but states that he relied upon a co-Defendant

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to take care of it.

He indicates that he did receive later

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documents from the Court, although he did not receive them timely

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at his new address.

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provide a new address.

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bankruptcy petition.

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However, he did not, and still does not,
He also implies that he has filed a

If he has, he may be entitled to a stay of

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these proceedings, but he provides no information about his

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purported bankruptcy filing.

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meritorious objection to the Report and Recommendation and the

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Court adopts it in every respect.

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filed for bankruptcy, he may file a motion for relief from

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Otherwise, he provides no

If Defendant Wyrick has not

judgment and a motion to set aside his default, if he has other

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grounds to do so.
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United States District Court
For the Northern District of California

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Accordingly,
IT IS HEREBY ORDERED that the motion for default judgment is

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GRANTED.

The Clerk shall enter judgment in accordance with the

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Report and Recommendation.

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Dated:

8/7/2012

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CLAUDIA WILKEN
United States District Judge

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cc: EDL, MagRef
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