J & J Sports Productions, Inc. v. Martinez, No. 1:2014cv01578 - Document 26 (E.D. Cal. 2016)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 1/6/2016 FINDING that the 22 Findings and Recommendations are supported by the record and by the proper analysis; GRANTING 18 Motion to Set Aside Entry of Default; DIRECTING the Clerk of Court to set a side default as to Defendant Martin Carrillo Martinez, individually and dba La Nayarita Restaurant; DENYING 14 Motion for Default Judgment as moot; DIRECTING the Clerk of Court to serve this order on Defendant Martin Carrillo Martinez at 14446 Lyle Street, Sylmar, California 91342. (Michel, G.)

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J & J Sports Productions, Inc. v. Martinez Doc. 26 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 J & J SPORTS PRODUCTIONS, INC., 13 Plaintiff, 14 v. 15 16 MARTIN CARRILLO MARTINEZ a/k/a MARTIN MARTINEZ CARRILLO, 17 Defendant. 18 19 ) Case No.: 1:14-cv-01578-KJM-BAM ) ) ORDER ) ) ) ) ) ) ) ) ) 20 On March 25, 2015, Plaintiff J&J Sports Production Inc. (“Plaintiff”) filed a Motion for 21 Default Judgment. (Doc. 14). On June 29, 2015, Defendant Martin Carrillo Martinez (“Defendant”) 22 filed a Motion to Set Aside the Clerk’s Entry of Default. (Doc. 18). On August 4, 2015, United States 23 Magistrate Judge Barbara A. McAuliffe issued Findings and Recommendations (“F&Rs”) which were 24 served on the parties and contained notice that any objections to the F&Rs were to be filed within 25 fifteen days of service of the Order. (Doc. 22). Well over fifteen days have passed and no objections 26 have been filed. 27 ///// 28 ///// 1 Dockets.Justia.com 1 The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 2 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt 3 v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the file, the 4 court finds the findings and recommendations to be supported by the record and by the proper 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. Defendant’s Motion to Set Aside Entry of Default is GRANTED; 8 2. The Clerk shall set aside default as to Defendant Martin Carrillo Martinez, individually and dba La Nayarita Restaurant; 9 10 3. Plaintiff’s Motion for Default Judgment is DENIED as MOOT; and 11 4. The Clerk of Court shall serve this order on Defendant Martin Carrillo Martinez at 12 13 14446 Lyle Street, Sylmar, California, 91342. DATED: January 6, 2016. 14 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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