-JFM USA v. Sterling Centrecorp Inc. et al, No. 2:2008cv02556 - Document 149 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Morrison C. England, Jr. on 09/19/2011 FINDINGS AND RECOMMENDATIONS 134 are ADOPTED in FULL; Plaintiffs' # 105 motion for default judgment against Elder Development is Partially GRANTED: a) Default judgment is GRANTED on the question of liability; and b) Default judgment is DENIED without prejudice as to the question of damages. (Reader, L)
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-JFM USA v. Sterling Centrecorp Inc. et al Doc. 149 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 UNITED STATES OF AMERICA, and CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, 13 Plaintiffs, 14 15 16 vs. ORDER STERLING CENTRECORP, INC. STEPHEN P. ELDER, and ELDER DEVELOPMENT, INC., 17 Defendants. 18 / 19 20 No. 2:08-cv-02556 MCE JFM Plaintiffs filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21). 21 On June 6, 2011, the magistrate judge filed findings and recommendations herein 22 which were served on counsel and Stephen Elder and which contained notice that any objections 23 to the findings and recommendations were to be filed within fourteen days. Defendant Sterling 24 Centrecorp, Inc., filed objections challenging certain factual findings made by the magistrate 25 judge. Defendant Stephen Elder also filed objections. 26 ///// 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 2 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 3 file, the court finds the findings and recommendations to be supported by the record and by 4 proper analysis.1 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed June 6, 2011 are adopted in full;2 7 2. Plaintiffs’ motion for default judgment against Elder Development is 8 partially granted: 9 a. Default judgment is granted on the question of liability; and 10 b. Default judgment is denied without prejudice as to the question of 11 12 damages. Dated: September 19, 2011 13 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 1 24 25 To the extent defendants challenge certain factual findings made by the magistrate judge, the court notes that those objections are immaterial to the recommendation made that default judgment be partially granted. The court will, however, take those objections into consideration when considering the pending motions for summary judgment. 26 2
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