Harley-Davidson Credit Corp. v. Kutumian et al, No. 1:2012cv02077 - Document 36 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS;ORDER GRANTING IN PART 24 Motion for Default Judgment; ORDERED to enter Judgment In Favor of Plaintiff: Harley-Davidson Credit Corporation and Against Defendant: Zovinar Development, LLC, in the amo unt of $520,773.66 in total damages; ORDERED that these proceedings are STAYED against Jerry H. Kutumian, an individual, pending the resolution of the Bankruptcy proceeding, signed by District Judge Anthony W. Ishii on 11/13/2013. (Status Report: no later than February 13, 2014)(Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 HARLEY-DAVIDSON CREDIT CORPORATION, 11 12 13 14 15 16 17 18 Plaintiff, Case No. 1:12-cv-2077 AWI BAM ORDER GRANTING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT v. JERRY KUTUMIAN and ZOVINAR DEVELOPMENT, LLC, Defendants. On December 12, 2012, Plaintiff Harley-Davidson Credit Corporation (“Plaintiff” or “Harley-Davidson”) filed a complaint against Defendants Zovinar Development, LLC and Jerry Kutumian (collectively “Defendants”). (Doc. 1). On April 29 and May 5, 2013, the Clerk entered 19 default against all defendants. (Docs. 16, 20). Thereafter, Plaintiff moved for default judgment on 20 July 8, 2013. (Doc. 24). The matter was referred to the Magistrate Judge, who on August 14, 2013, 21 vacated the hearing and took the matter under submission. (Doc. 33). 22 After the motion for default judgment was filed, a Notice of Bankruptcy was filed on behalf 23 of Defendant Jerry Kutumian. (Doc. 28). On July 18, 2013, the Court stayed this action as to 24 Defendant Jerry Kutumian and ordered that Plaintiff provide supplemental briefing addressing how 25 the Petition for Bankruptcy affected the Motion for Default Judgment against Defendant Zovinar 26 Development, LLC. 27 28 1 1 On August 19, 2013, the Magistrate Judge issued Findings and Recommendations that 2 Plaintiff’s application for default judgment be granted in part against Defendant Zovinar 3 Development, LLC , in the amount of $520,773.66, and not against Defendant Jerry Kutumian. The 4 Findings and Recommendations contained notice that any objections were to be filed within fifteen 5 (15) days of service of the recommendation. (Doc. 24.) No objections have been filed to date. 6 In accordance with 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of 7 this case and finds the Findings and Recommendations to be supported by the record and proper 8 analysis. 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations dated August 19, 2013 are adopted in full (Doc. 34); 11 12 2. Plaintiff’s Motion for Default Judgment is GRANTED IN PART; 13 3. The Clerk of the Court is DIRECTED to enter judgment in favor of Plaintiff 14 HARLEY-DAVIDSON 15 ZOVINAR DEVELOPMENT, LLC, in the amount of $520,773.66 in total damages. 16 4. CREDIT CORPORATION and against Defendant These proceedings are stayed against JERRY H. KUTUMIAN, an individual, 17 pending the resolution of the bankruptcy proceeding. Plaintiff shall file a status 18 report no later than February 13, 2014, outlining the status of the bankruptcy 19 proceeding against this defendant, as well as its intentions regarding dismissal of 20 claims. 21 sanctions. Failure to timely file the status report may result in the imposition of 22 23 24 IT IS SO ORDERED. Dated: November 13, 2013 SENIOR DISTRICT JUDGE 25 26 27 28 2

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