Freshko Produce Services, Inc. v. ILA Products, Inc., et al., No. 1:2019cv00017 - Document 66 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 62 Findings and Recommendations signed by District Judge Dale A. Drozd on 12/07/2020. (Flores, E)

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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 FRESHKO PRODUCE SERVICES, INC., 12 No. 1:19-cv-00017-DAD-BAM Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 ILA PRODUCTS, INC., et al., 15 Defendants. (Doc. Nos. 60, 62) 16 17 Plaintiff Freshko Produce Services, Inc. filed this action on January 4, 2019, against 18 defendants ILA Products, Inc. (“ILA”); HFN CA, Inc. (“HFN”); Jamie Gibson; and Kathy Gibson 19 (collectively, “defendants”) pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. 20 § 499a et seq., and related claims. (Doc. No. 1.) On August 19, 2020, plaintiff filed a motion 21 seeking entry of default judgment. (Doc. No. 60.) The matter was referred to a United States 22 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 28, 2020, the assigned magistrate judge issued findings and 23 24 recommendations recommending that plaintiff’s motion for default judgment be denied without 25 prejudice. (Doc. No. 62.) The parties were provided fourteen (14) days in which to file 26 objections to the findings and recommendations. (Id. at 7.) To date, no objections to the findings 27 and recommendations have been filed, and the time in which to do so has passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 proper analysis. 4 Accordingly, 5 1. 6 7 8 9 10 The findings and recommendations issued on September 28, 2020 (Doc. No. 62) are adopted in full; and 2. Plaintiff’s motion for default judgment (Doc. No. 60) is denied without prejudice. IT IS SO ORDERED. Dated: December 7, 2020 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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