Thao v. Law Offices of Christopher Glenn Beckom et al, No. 1:2017cv01298 - Document 30 (E.D. Cal. 2018)

Court Description: ORDER GRANTING 20 Motion to Set Aside Default and Default Judgment ;ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS, signed by Chief Judge Lawrence J. O'Neill on 12/13/2018. (Response due 14-Day Deadline)(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 AGGIE THAO, 12 Plaintiff, 13 14 No. 1:17-cv-01298-LJO-EPG v. ULRS, INC., et al. 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT Defendants. (ECF Nos. 20, 29) 16 17 Plaintiff, Aggie Thao, filed this action alleging violations of the Fair Debt Collection 18 19 Practices Act, 15 U.S.C. § 1692 et seq., on September 27, 2017. (ECF No. 1.) The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On December 27, 2018, default was entered against all defendants (ECF Nos. 8, 9), and 23 on May 24, 2018, default judgment was entered against all defendants (ECF No. 19). On July 11, 24 2018, defendant ULRS, Inc., moved to set aside default and default judgment. (ECF No. 20.) On 25 August 28, 2018, the assigned magistrate judge issued findings and recommendations 26 recommending that the motion be granted, and that the entry of default and default judgment be 27 set aside. (ECF No. 29.) The findings and recommendations were served on the parties and 28 contained notice that any objections thereto were to be filed within fourteen days. (Id.) No 1 1 2 objections have been filed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 3 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 4 findings and recommendations to be supported by the record and by proper analysis. 5 Accordingly, 6 IT IS ORDERED: 7 1. The findings and recommendations entered on August 28, 2018 (ECF No. 29) are 8 adopted in full; 2. Defendant ULRS, Inc.’s motion to set aside entry of default and default judgment 9 10 (ECF No. 20) is granted; 11 3. The default judgment entered on May 24, 2018 (ECF No. 19) is vacated. 12 4. The Clerk of the Court is directed to set aside the default as to Defendant ULRS, 13 Inc.; 14 5. Defendant ULRS, Inc., is directed to file a response to the complaint within 15 fourteen (14) days after entry of this order. 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 13, 2018 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2