Eli Lilly and Company v. Gitmed et al, No. 1:2016cv00178 - Document 56 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING 54 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING IN PART AND DENIED IN PART 44 Motion for Default Judgment, signed by District Judge Dale A. Drozd on 05/3/2017. (Martin-Gill, S)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELI LILLY AND COMPANY, 12 Plaintiff, 13 14 No. 1:16-cv-00178-DAD-SAB v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS JOHN DEREK GITMED, et al., (Doc. Nos. 43, 44, 54.) 15 Defendants. 16 Plaintiff Eli Lilly and Company filed the complaint in this action on February 8, 2016. 17 18 (Doc. No. 1.) On August 9, 2016, the Clerk entered default against defendant Anthony Pollino, 19 Jr. (Doc. No. 30.) Plaintiff filed a motion for entry of default judgment against defendant Pollino 20 on February 9, 2017 which was referred to a United States Magistrate Judge pursuant to 28 21 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 23, 2017, the assigned magistrate judge filed findings and recommendations 22 23 recommending that plaintiff’s motion for default judgment be granted in part and denied in part. 24 (Doc. No. 54.) The findings and recommendations were served on the parties and contained 25 notice that any objections thereto were to be filed within fourteen days (14) days from the date of 26 service. No objections have been filed and the deadline for filing objections has passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations, filed March 23, 2017 (Doc. No. 54), are adopted 6 7 in full; 2. Plaintiff’s application for entry of default judgment (Doc. No. 44) is granted in part 8 and denied in part, as follows: a. Plaintiff’s application for entry of default judgment against defendant Anthony 9 10 Pollino, Jr. is granted as to liability; and b. Plaintiff’s application for entry of default judgment against defendant Anthony 11 12 13 14 Pollino, Jr. is denied as to damages and injunctive relief. IT IS SO ORDERED. Dated: May 3, 2017 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2