Adobe Systems Incorporated v. Last Chance Buys, Inc. et al

Filing 34

ORDER by Judge Haywood S. Gilliam, Jr. ADOPTING MAGISTRATE JUDGES 29 REPORT AND RECOMMENDATION REGARDING 25 MOTION FOR DEFAULT JUDGMENT AS TO DEFENDANTS ZOE AJIBOYE AND LAST CHANCE BUYS, INC. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 6/15/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,

Case No. 17-cv-01172-HSG

Plaintiff,
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v.

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ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION REGARDING
MOTION FOR DEFAULT JUDGMENT
AS TO DEFENDANTS ZOE AJIBOYE
AND LAST CHANCE BUYS, INC.

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Re: Dkt. No. 29

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LAST CHANCE BUYS, INC., et al.,

United States District Court
Northern District of California

Defendants.

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The Court has reviewed Magistrate Judge Corley’s Report and Recommendation Re

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Motion for Default Judgment. The time for objections has passed and none were filed. Though

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Defendant Olubunmi Ajiboye filed a notice of automatic stay pursuant to his petition for Chapter 7

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bankruptcy, Dkt. No. 32, the automatic stay extends only to that defendant. See Dkt. No. 33;

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Boucher v. Shaw, 572 F.3d 1087, 1093 (9th Cir. 2009). There is no evidence that Defendants Zoe

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Ajiboye and Last Chance Buys, Inc. have filed for bankruptcy, or that the bankruptcy court has

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extended the automatic stay to these Defendants. See Placido v. Prudential Ins. Co. of Am., No. C

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09-00668 WHA, 2010 WL 334744, at *1 (N.D. Cal. Jan. 22, 2010) (“It is undisputed that both the

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Plan and Prudential have not filed for bankruptcy and are therefore ‘non-debtor’ parties. In order

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to extend the automatic stay to defendants because of their alleged financial connection to the

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debtor, the extension would have to be issued by the bankruptcy court.”). Because the Court finds

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Judge Corley’s Report correct, well-reasoned and thorough, the Court adopts the Report with

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respect to Defendants Zoe Ajiboye and Last Chance Buys, Inc.

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Accordingly, IT IS HEREBY ORDERED that the Motion for Default Judgment is

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GRANTED with respect to Defendants Zoe Ajiboye and Last Chance Buys, Inc. The Clerk shall

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enter judgment against Defendants Zoe Ajoiboye and Last Chance Buys, Inc. in accordance with

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the Report and Recommendation.
IT IS SO ORDERED.
Dated: 6/15/2018

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________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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