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