Left Coast Wrestling, LLC. v. Dearborn International, LLC. et al

Filing 46

ORDER Adopting Report and Recommendation, and Granting Default Judgment Against Defendants Duke Minh Le and Dearborn International, LLC; and Order Requiring Plaintiff to Submit Proposed Order. The Court has reviewed the R&R (Dkt. 41 ) and Supplement al R&R (Dkt. 44 ), finds them to be correct, and adopts them. The motion for default judgment (Dkt. 37 ) against Duke Minh Leand Dearborn International, LLC is granted. An order granting the requested relief will follow. Signed by Judge Larry Alan Burns on 6/19/2018. (All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 17cv466-LAB (NLS)

LEFT COAST WRESTLING, LLC,
Plaintiff,

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v.

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ORDER ADOPTING REPORT AND
RECOMMENDATION, AND
GRANTING DEFAULT JUDGMENT
AGAINST DEFENDANTS DUKE
MINH LE AND DEARBORN
INTERNATIONAL, LLC; AND

DEARBORN INT'L LLC,

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Defendant.

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ORDER REQUIRING PLAINTIFF
TO SUBMIT PROPOSED ORDER

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The Court referred Plaintiff’s motion for default judgment (Docket no. 37) against

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Defendants Duke Minh Le and Dearborn, International, LLC to Magistrate Judge Nita

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Stormes for a report and recommendation. (Docket no. 38.) The motion sought certain

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relief for discovery abuses which was within Judge Stormes’ power to grant, and she was

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authorized to rule directly on that. Or, if appropriate, she could roll this into the general

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analysis. As to the remainder, she was directed to issue a report and recommendation.

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Judge Stormes issued her report and recommendation (the “R&R”). As part of the

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R&R, she recommended an award of costs and attorney’s fees, but did not calculate the

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amount. Instead, she ordered Plaintiff to supplement the briefing. After Plaintiff did that,

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Judge Stormes issued a supplemental report and recommendation (Docket no. 44,
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17cv466-LAB (NLS)

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“Supplemental R&R”) calculating the costs and attorney’s fees to be awarded. No party

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has filed objections.

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A district court has jurisdiction to review a Magistrate Judge's report and

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recommendation on dispositive matters. Fed. R. Civ. P. 72(b). “The district judge must

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determine de novo any part of the magistrate judge's disposition that has been properly

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objected to.” Id. “A judge of the court may accept, reject, or modify, in whole or in part,

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the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

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This section does not require some lesser review by the district court when no objections

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are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The “statute makes it clear that

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the district judge must review the magistrate judge's findings and recommendations de

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novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original).

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The Court has reviewed the R&R and Supplemental R&R, finds them to be

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correct, and ADOPTS them. The motion for default judgment against Duke Minh Le

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and Dearborn International, LLC is GRANTED. An order granting the requested relief

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will follow.

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Plaintiff shall submit via email a proposed order in editable electronic format

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granting the relief recommended by the R&R. It should include the attorney’s fees award

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mentioned in Judge Stormes’ supplemental report and recommendation. It should also

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track the R&R’s language as closely as possible.

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IT IS SO ORDERED.
Dated: June 19, 2018

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17cv466-LAB (NLS)