Hunter v. Oasis Financial Solutions, LLC et al

Filing 15

ORDER Adopting (Doc. 14 ) Report and Recommendation and Granting (Doc. 12 ) Motion for Default Judgment. Plaintiff's motion for default judgment is Granted in the amount of $75,000.00 plus attorney's fees in an amount to be determined. If attorney's fees are sought, plaintiff shall file a motion for attorney's fees on by April 4, 2011. Signed by Judge M. James Lorenz on 3/21/2011. (srm) (av1).

-WVG Hunter v. Oasis Financial Solutions, LLC et al

Doc. 15

1 2 3 4 5 6 7 8 9 10 11 ROSS HUNTER, 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) OASIS FINANCIAL SOLUTIONS, LLC, ) ) ) Defendant. ) ) Civil No. 10cv724 L (WVG) ORDER ADOPTING REPORT AND RECOMMENDATION and GRANTING MOTION FOR DEFAULT JUDGMENT [doc. #12] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Plaintiff filed the above-captioned case on April 6, 2010. Defendant Oasis Financial

18 Solutions, LLC was served with the summon and complaint on August 10, 2010, but did not file 19 an answer or otherwise respond to the complaint. On September 16, 2010, the Clerk of the Court 20 entered default as to Oasis. Plaintiff then moved for default judgment seeking $75,000 in 21 damages. Plaintiff's motion for default judgment was referred the assigned magistrate judge, 22 William V. Gallo, for a Report and Recommendation which was to include whether default 23 judgment should be granted and if granted, the amount of damages to which plaintiff is entitled. 24 On December 21, 2010, the Report was filed with the magistrate judge recommending

25 that default judgment be granted in the amount of $73,000.00 for actual damages and $2,000.00 26 for statutory damages. Although plaintiff requested attorneys' fees and costs in his complaint, he 27 did not seek attorneys' fees in his motion for default judgment. The magistrate judge however 28 recommended such an award in an amount subject to proof. (Report at 8.)
10cv724

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In reviewing a magistrate judge's report and recommendation, the district court "shall

2 make a de novo determination of those portions of the report . . . to which objection is made," 3 and "may accept, reject, or modify, in whole or in part, the findings or recommendations made 4 by the magistrate judge." 28 U.S.C. § 636(b)(1). Under this statute, "the district judge must 5 review the magistrate judge's findings and recommendations de novo if objection is made, but 6 not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) 7 (emphasis in original); see Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1225-26 & n.5 (D. Ariz. 8 2003) (applying Reyna-Tapia to habeas review). 9 The Court notes that no objections have been made to the Report and therefore, the Court

10 may adopt the findings of the magistrate judge without de novo review. 11 Having reviewed the Report, the Court finds good cause to adopt the recommendations in

12 their entirety. 13 Based on the foregoing, IT IS ORDERED adopting the Report and Recommendation. IT

14 IS FURTHER ORDERED that plaintiff's motion for default judgment is GRANTED in the 15 amount of $75,000.00 plus attorney's fees in an amount to be determined. IT IS FURTHER 16 ORDERED that if attorney's fees are sought, plaintiff shall file a motion for attorney's fees on 17 or before April 4, 2011. Counsel is advised that compliance with the Civil Local Rules regarding 18 the scheduling of motions is required. 19 IT IS SO ORDERED.

20 DATED: March 21, 2011 21 22 23 COPY TO: 24 HON. WILLIAM V. GALLO UNITED STATES MAGISTRATE JUDGE 25 26 ALL PARTIES/COUNSEL 27 28
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10cv724

M. James Lorenz United States District Court Judge

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