International Raelian Movement v. Hashem, No. 2:2008cv00687 - Document 50 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 9/28/2010 ORDERING 47 Findings and Recommendations are adopted in full; 38 Motion for Default Judgment is denied without prejudice; and plaintiff is granted 45 days to file a second motion for default judgment. (Matson, R)
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International Raelian Movement v. Hashem Doc. 50 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 INTERNATIONAL RAELIAN MOVEMENT (IRM), a Foreign Corporation, Plaintiff, 12 13 14 2:08-cv-0687 FCD DAD vs. ABDULLAH HASHEM and HASHEM(S) FILMS, ORDER 15 Defendants. / 16 17 Plaintiff seeks default judgment against the remaining defendants in the above- 18 entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local 19 Rule 302(c)(19). 20 On September 1, 2010, the magistrate judge filed findings and recommendations 21 herein which were served on plaintiff and which contained notice to plaintiff that any objections 22 to the findings and recommendations were to be filed within fourteen days after service of the 23 findings and recommendations. Plaintiff has filed timely objections. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, the court finds the findings and recommendations to be supported by the record and 1 Dockets.Justia.com 1 by proper analysis. The denial of plaintiff’s motion for default judgment is without prejudice to 2 the filing of a second motion that cures the defects noted by the magistrate judge in his findings 3 and recommendations. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 1, 2010 (Doc. No. 47) are 6 7 8 9 10 adopted in full; 2. Plaintiff’s October 27, 2009 motion for default judgment (Doc. No. 38) is denied without prejudice; and 3. Plaintiff is granted 45 days to file a second motion for default judgment. DATED: September 28, 2010. 11 12 13 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2