Acosta v. Aquayo et al, No. 1:2017cv01047 - Document 20 (E.D. Cal. 2018)

Court Description: ORDER Adopting Findings and Recommendations to Set Aside Default, Vacate Findings and Recommendations Regarding Motion for Default Judgment and Deny Motion for Default Judgment without Prejudice as Moot, re 8 , 10 , 13 , 16 , 18 , 19 ; ORDER Directing Defendants to File a Response to the Complaint with Fourteen Days, signed by Chief Judge Lawrence J. O'Neill on 5/30/18. Response Due Within Fourteen-Days. (Gonzalez, R)

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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 JOSE ACOSTA, 12 13 14 15 16 17 18 19 20 No. 1:17-cv-01047-LJO-BAM Plaintiff, v. MARIA DE JESUS AQUAYO; JOSE A. CHAVIRA, Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO SET ASIDE DEFAULT, VACATE FINDINGS AND RECOMMENDATIONS REGARDING MOTION FOR DEFAULT JUDGMENT AND DENY MOTION FOR DEFAULT JUDGMENT WITHOUT PREJUDICE AS MOOT (Doc. Nos. 8, 10, 13, 16, 18, 19) ORDER DIRECTING DEFENDANTS TO FILE A RESPONSE TO THE COMPLAINT WITHIN FOURTEEN DAYS FOURTEEN-DAY DEADLINE 21 22 On May 1, 2018, the assigned Magistrate Judge issued findings and recommendations that 23 (1) the motion to set aside the entry of default filed by Defendants Maria De Jesus Aquayo and 24 Jose Chavira be granted; (2) the Clerk of the Court be directed to set aside their default; (3) the 25 findings and recommendations regarding Plaintiff Jose Acosta’s motion for default judgment be 26 vacated; (4) Plaintiff’s motion for default judgment be denied without prejudice as moot; and (5) 27 Defendants Aquayo and Chavira be directed to file a response to the complaint following 28 adoption of the findings and recommendations. 1 (Doc. No. 19.) The findings and 1 recommendations were served on the parties, and contained notice that any objections must be 2 filed within fourteen (14) days of service of the order. No objections were filed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 5 findings and recommendations are supported by the record and proper analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations issued on May 1, 2018, are adopted in full; 8 2. Defendants’ motion to set aside the entry of default is granted; 9 3. The Clerk of the Court is directed to set aside the default as to Defendants Maria De Jesus Aquayo and Jose A. Chavira; 10 11 4. judgment issued on January 24, 2018, are vacated; 12 13 5. Plaintiff’s motion for default judgment filed on December 11, 2017, is denied without prejudice as moot; and 14 15 The findings and recommendations regarding Plaintiff’s motion for default 6. Defendants Aquayo and Chavira are directed to file a response to the complaint within fourteen (14) days after being served with a copy of this order. 16 17 18 19 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 30, 2018 UNITED STATES CHIEF DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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