Martella Auction Company, Inc. v. TriState Construction, Inc. et al, No. 1:2010cv00258 - Document 28 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 01/04/2010. (Flores, E)
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Martella Auction Company, Inc. v. TriState Construction, Inc. et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTELLA AUCTION COMPANY, INC., Case No.: 1:10-cv-00258 LJO JLT 12 ORDER ADOPTING FINDINGS RECOMMENDATIONS Plaintiff, AND 13 v. (Doc. 25) 14 15 TRI STATE CONSTRUCTION, INC., et al., 16 Defendants. 17 / 18 On December 14, 2010, Plaintiff filed a request for default judgment against the interests of 19 Defendants Tri State Construction, Inc. and Morton Engineering and Construction, Inc. The matter was 20 referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19). On December 15, 2010, 21 the magistrate judge filed findings and recommendations which were served on the parties and which 22 contained notice to the parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. As of the date of this order, no objections to the findings and recommendations 24 have been filed. 25 The Court has conducted a de novo review of this case in accordance with 28 U.S.C. 26 636(b)(1)(B) and Local Rule 302. Having carefully reviewed the entire file, the Court finds the findings 27 and recommendations to be supported by the record and proper analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The findings and recommendations of the magistrate judge filed December 15, 2010, are adopted in full; and 4 2. Plaintiff’s request for the entry of default judgment against the interests of Defendants 5 Tri State Construction, Inc. and Morton Engineering and Construction, Inc. is granted. 6 As such, this Court FURTHER ORDERS that defendants Tri State Construction, Inc. and Morton 7 Engineering and Construction, Inc. have no interest in the funds described in the Complaint in 8 Interpleader filed by plaintiff Martella Auction Company, Inc. in this action and that defendants Tri State 9 Construction, Inc. and Morton Engineering and Construction, Inc. have no right to participate in further 10 proceedings in this action. 11 12 IT IS SO ORDERED. Dated: 66h44d January 4, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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