National Medical Services, Inc. dba NMS Labs v. INDX Lifecare, Inc.

Filing 26

ORDER ADOPTING 24 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING 15 THE MOTION FOR DEFAULT JUDGMENT. Judgment will be entered accordingly, and the Clerk shall then close this file. Signed by Judge Edward J. Davila on 7/10/2017. (ejdlc2S, COURT STAFF) (Filed on 7/10/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 NATIONAL MEDICAL SERVICES, INC., Case No. 5:16-cv-04425-EJD Plaintiff, 6 v. 7 8 INDX LIFECARE, INC., Defendant. ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND GRANTING THE MOTION FOR DEFAULT JUDGMENT Re: Dkt. Nos. 15, 24 9 On August 5, 2016, National Medical Services, Inc. (“NMS”) filed this action against 10 United States District Court Northern District of California 11 iNDx Lifecare, Inc. to recover amounts due on unpaid loans. The case was stayed on August 29, 12 2016 for bankruptcy proceedings (Dkt. No. 10) and then reopened on December 29, 2016 (Dkt. 13 No. 11). NMS moved for entry of default on February 10, 2017 (Dkt. No. 12), the Clerk entered 14 default on February 15 (Dkt. No. 13), and NMS moved for default judgment on March 15. Dkt. 15 No. 15. 16 Before the Court is Magistrate Judge Nathanael M. Cousins’s Report and 17 Recommendation to Grant Default Judgment, which recommends an award of $444,885.77 in 18 damages, attorneys’ fees, and costs. Dkt. No. 24. The time for objecting to the Report and 19 Recommendation has passed and no objections were filed. Fed. R. Civ. P. 72(b)(2). The Court 20 finds that the Report and Recommendation is thorough and well-founded in fact and law, and 21 adopts it in every respect. NMS’s motion for default judgment is GRANTED. Judgment will be 22 entered accordingly, and the Clerk shall then close this file. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 10, 2017 ______________________________________ EDWARD J. DAVILA United States District Judge 1 Case No.: 5:16-cv-04425-EJD ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND GRANTING THE MOTION FOR DEFAULT JUDGMENT

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