Sterling Cross Defense Systems, Inc. v. Dolarian Capital, Inc., et al., No. 1:2013cv01773 - Document 40 (E.D. Cal. 2015)

Court Description: ORDER adopting in full 39 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 8/14/2015. (Filing Deadline: 10/16/2015). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 STERLING CROSS DEFENSE SYSTEMS, INC., Plaintiff, 13 14 15 16 Case No. 1:13-cv-01773-AWI-GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL v. DOLARIAN CAPITAL, INC., et al., (ECF No. 39) Defendants. 17 18 After a pattern of non-responsive conduct by Defendants Dolarian Capital, Inc, Ara 19 Dolarian, and defense counsel Myron Smith, the Magistrate Judge issued an Order to Show Cause 20 why sanctions should not be imposed, including the striking of all pleadings filed by the 21 Defendants. (ECF No. 36.) Defendants and defense counsel failed to respond to the Order to 22 Show Cause and did not appear at the hearing. (ECF Nos. 38, 39.) On July 20, 2015, the 23 Magistrate Judge issued Findings and Recommendations recommending the striking of 24 Defendants’ responsive pleadings and granting of entry of default. (ECF No. 39.) The Findings 25 and Recommendations were served on Defendants with instructions that any objections must be 26 filed within fourteen days. No objections have been filed. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 1 1 Findings and Recommendations are supported by the record and proper analysis. Accordingly, IT 2 IS HEREBY ORDERED that: 3 4 5 6 7 8 1. The Findings and Recommendations dated July 20, 2015 (ECF No. 39), are ADOPTED IN FULL; 2. Defendants Dolarian Capital, Inc. and Ara G. Dolarian’s responsive pleadings (ECF Nos. 16, 17) shall be STRICKEN; 3. The Clerk of the Court is DIRECTED to enter default against Defendants Dolarian Capital, Inc. and Ara G. Dolarian; and, 9 4. Plaintiff is DIRECTED to file a motion for default judgment pursuant to Federal 10 Rule of Civil Procedure 55 within sixty days after the Clerk of the Court has 11 entered default against Defendants. 12 IT IS SO ORDERED. 13 14 Dated: August 14, 2015 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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