Microsoft Corporation v. John Marturano et. al., No. 1:2006cv01747 - Document 35 (E.D. Cal. 2008)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 30 signed by Judge Oliver W. Wanger on 02/05/2008. It is hereby Ordered that: the Finings and Recommendations 30 are ADOPTED IN FULL; Plaintiff's motion to strike Defendant's answer and enter default 18 is GRANTED; Defendant's Answer 8 is hereby STRIKEN; the Clerk of the Court is DIRECTED to enter default in favor of Plaintiff and against Defendant. (Arellano, S.)
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Microsoft Corporation v. John Marturano et. al. Doc. 35 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICROSOFT CORPORATION, CASE NO. 1:06-CV-1747 OWW GSA 10 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS Plaintiff, 11 v. 12 13 JOHN MARTURANO, an individual, d/b/a/ J & T COMPUTERS & PARTS, 14 Defendant. / 15 16 On December 4, 2006, Microsoft Corporation (“Plaintiff”), filed a Complaint to recover 17 damages arising from alleged infringement of Microsoft’s copyrights and trademarks of its software 18 and related components by the Defendant, John Marturano (“Defendant”). On November 2, 2007, 19 Plaintiff filed a motion to strike Defendant’s Answer and requested that the Court enter default. The 20 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 72-302. 22 On, December 27, 2007, the Magistrate Judge filed Findings and Recommendations herein 23 which was served on Defendant and which contained notice to Defendant that any objections to the 24 Findings and Recommendations were to be filed within thirty days. Defendant did not file a timely 25 Objection to the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this 27 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 Court finds the Findings and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed December 27, 2007, are adopted in full; 3 2. Plaintiff’s motion to strike Defendant’s Answer and enter default is GRANTED; 4 3. Defendant John Marturano, an individual d/b/a J & T Computers & Parts’ Answer 5 6 7 is hereby STRICKEN; and 4. The Clerk of the Court is directed to enter default in favor of Microsoft Corporation and against Defendant John Marturano an individual d/b/a J & T Computers & Parts. 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. 20 Dated: February 5, 2008 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2
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