JLG Enterprises, Inc. v. Excalibur Sires, Inc., No. 1:2010cv02138 - Document 84 (E.D. Cal. 2011)

Court Description: ORDER Adopting 81 Findings and Recommendations that Defendant's Counterclaim be Dismissed and that Default Judgment be Entered in Favor of Plaintiff, signed by Chief Judge Anthony W. Ishii on 12/14/11. CASE CLOSED. (Verduzco, M)
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JLG Enterprises, Inc. v. Excalibur Sires, Inc. Doc. 84 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JLG ENTERPRISES, INC., a California corporation, 12 13 14 CASE NO. 1:10-cv-02138-AWI-SKO ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT DEFENDANT'S COUNTERCLAIM BE DISMISSED AND THAT DEFAULT JUDGMENT BE ENTERED IN FAVOR OF PLAINTIFF Plaintiff, v. EXCALIBUR SIRES, INC., a Minnesota corporation, 15 Defendant, Docket No. 81 16 17 EXCALIBUR SIRES, INC., 18 19 20 Counterclaimant, v. 21 JLG ENTERPRISES, INC., 22 23 Counterdefendant. ___________________________________/ 24 25 On November 14, 2011, the Magistrate Judge issued Findings and Recommendations that 26 Defendant Excalibur Sires, Inc. counterclaim be DISMISSED and that default judgment be 27 ENTERED in favor of Plaintiff JLG Enterprises, Inc. These Findings and Recommendations were 28 served on all parties appearing in the action and contained notice that any objections were to be filed 1 Dockets.Justia.com 1 within twenty (20) days after service of the order. No objections were filed. 2 In accordance with the provisions of 28 U.S.C. ยง 636 (b)(1)(C), this Court has conducted a 3 de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 4 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 The Findings and Recommendations issued November 14, 2011, are ADOPTED IN FULL; 8 2. JLG's request for a terminating sanction is GRANTED; 9 3. Excalibur's counterclaim is DISMISSED WITH PREJUDICE; 10 4. DEFAULT JUDGMENT is ENTERED against Excalibur and in favor of JLG as 11 follows: 12 a. Monetary damages in the amount of $160,964.51; 13 b. Interest at 10% in the amount of $18,301.50; 14 c. Costs associated with the Court approved sale of livestock in the amount of 15 $3,814.06; and 16 17 d. 5. Additional costs in the amount of $657.15; The proceeds of the livestock sale currently deposited with the Clerk of the Court in 18 the amount of $30,725.00 (plus any interest) shall be released to JLG and deducted 19 from the amount of the final judgment; and 20 6. The Clerk of the Court is DIRECTED to close this action. 21 22 IT IS SO ORDERED. 23 24 Dated: 0m8i78 December 14, 2011 CHIEF UNITED STATES DISTRICT JUDGE 25 26 27 28 2