Hollow Spirits, LLC v. Corson Distilling Systems, Inc.

Filing 58

ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; GRANTING 52 Motion for Default Judgment. IT IS FURTHER ORDERED that the Clerk is to enter judgment against Defendants in the sum certain amount of $90,499.51. (gr)

Case 1:18-cv-00257-MV-JFR Document 58 Filed 04/23/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

HOLLOW SPIRITS, LLC,
Plaintiff,
vs.

Civ. No. 18-257 MV/JFR

CORSON DISTILLING SYSTEMS, INC.,
TORY CORSON and JOSH CORSON,
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS
AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Proposed Findings of Fact and
Recommended Disposition by United States Magistrate Judge John F. Robbenhaar, filed
March 9, 2020. Doc. 56. Objections were due by no later than April 16.1 The parties have not
filed any objections. The failure to make timely objections to the Magistrate Judge’s Proposed
Findings and Recommended Disposition waives appellate review of both factual and legal
questions. U.S. v. One Parcel of Real Property, 73 F.3d 1057, 1059 (10th Cir. 1996).
IT IS THEREFORE ORDERED that the Magistrate Judge’s Proposed Findings and
Recommended Disposition (Doc. 56) are ADOPTED;
IT IS FURTHER ORDERED that Plaintiff’s Motion for Default Judgment (Doc. 52) is
well-taken and is GRANTED; and

1
The Court mailed copies of the PFRD to Defendants’ last known addresses on March 30, 2020. Therefore,
objections to the PFRD were due by April 16, 2020. See Fed. R. Civ. P. 6(d) (when a party may or must act within a
specified time after being served and service is made under Rule 5(b)(2)(C) (mail) . . . 3 days are added after the
period would otherwise expire). On April 10, 2020, a copy of the PFRD mailed to Defendant Corson Distilling was
returned as undeliverable. Doc. 57.

Case 1:18-cv-00257-MV-JFR Document 58 Filed 04/23/20 Page 2 of 2

IT IS FURTHER ORDERED that the Clerk is to enter judgment against Defendants in
the sum certain amount of $90,499.51.

___________________________________
MARTHA VÁZQUEZ
United States District Judge