National Continental Insurance Company v. Young's Cargo, Inc. et al, No. 1:2017cv01016 - Document 23 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 22 FINDINGS AND RECOMMENDATIONS, Granting Defendants' 15 16 Motions to Set Aside Default and Denying Plaintiff's 12 Motion for Default Judgment as Moot; ORDER Directing Defendants Young's Cargo, Inc. and Kulwant Singh dba Youngs Freightway to File an Answer to the Complaint signed by Chief Judge Lawrence J. O'Neill on 05/21/2018. Thirty-Day Deadline. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATIONAL CONTINENTAL INSURANCE COMPANY, 12 13 14 15 Case No. 1:17-cv-01016-LJO-EPG ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING DEFENDANTS’ MOTIONS TO SET ASIDE DEFAULT AND DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AS MOOT Plaintiff, v. YOUNG’S CARGO, INC., et al., Defendants. (Doc. Nos. 12, 15, 16, 22) 16 ORDER DIRECTING DEFENDANTS YOUNG’S CARGO, INC. AND KULWANT SINGH D/B/A YOUNGS FREIGHTWAY TO FILE AN ANSWER TO THE COMPLAINT 17 18 19 20 National Continental Insurance Company (“Plaintiff”) commenced this action by the 21 filing of a Complaint on July 31, 2017. (Doc. No. 1). On November 1, 2017, the Clerk of the 22 Court entered the default of Young’s Cargo, Inc. and Kulwant Singh d/b/a Youngs Freightway 23 (“Defendants”). (Doc. No. 10). On January 8, 2018, Plaintiff filed a motion for default judgment 24 against Defendants. (Doc. No. 12). On February 16, 2018, Defendants filed motions to set aside 25 entry of default. (Doc. Nos. 15, 16). The matter was referred to United States Magistrate Judge 26 Erica P. Grosjean pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 27 On April 30, 2018, the Magistrate Judge issued findings and recommendations 28 recommending that Defendants’ motions to set aside entry of default be granted, and Plaintiff’s 1 1 motion for default judgment be denied. (Doc. No. 22). The findings and recommendations were 2 served on all parties, and contained notice that any objections were to be filed within fourteen 3 (14) days. Id. The fourteen-day period has expired, and no party has filed objections. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 5 a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 6 findings and recommendations are supported by the record and by proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. ADOPTED in full; 9 10 The findings and recommendations filed April 30, 2018, (Doc. No. 22) are 2. Defendants’ motions to set aside default judgment (Doc. Nos. 15, 16) are GRANTED; 11 12 3. Plaintiff’s motion for default judgment (Doc. No. 12) is denied as moot; and 13 4. Defendants Young's Cargo, Inc. and Kulwant Singh are DIRECTED to file an 14 answer to the Complaint within thirty (30) days of the date of service of this 15 Order. 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 21, 2018 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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