J & J Sports Productions, Inc. v. Torres, No. 2:2010cv01043 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/3/2010 ORDERING that the hearing on Pltf's 8 application for default judgment is VACATED. IT IS FURTHER RECOMMENDED that the parties' stipulation be approved and that the 7 clerk's entry of defaultentered against dft be set aside. Pltf's 8 application for default judgment be denied as moot. Dft be permitted to file an answer to pltf's complaint within a time period to be determined by the US District Judge assigned to this matter. Referred to Judge Frank C. Damrell, Jr. Objections to F&R due within 14 days. (Zignago, K.)
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J & J Sports Productions, Inc. v. Torres Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 J & J SPORTS PRODUCTIONS, INC., 11 Plaintiff, 12 13 14 No. 2:10-cv-01043 FCD KJN v. ELSA MARINA TORRES, INDIVIDUALLY and d/b/a CLUB MACCAO, 15 ORDER and FINDINGS AND RECOMMENDATIONS Defendants. 16 / 17 Presently before the court is plaintiff’s application for default judgment, which is 18 scheduled to be heard on the undersigned’s law and motion calendar on November 4, 2010.1 19 (Dkt. No. 8.) However, on November 3, 2010, the parties, through their respective counsel, filed 20 a stipulation and proposed order seeking to set aside the entry of default that was entered against 21 defendant on September 7, 2010.2 (Dkt. No. 13.) If approved, the parties’ stipulation would 22 permit defendant to file an answer to plaintiff’s complaint or enter into a stipulated judgment 23 1 24 25 26 This action proceeds before the undersigned pursuant to Eastern District of California Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). 2 Plaintiff is represented by counsel, Thomas P. Riley, Jr. of the Law Offices of Thomas P. Riley, P.C. The stipulation and proposed counsel was filed and countersigned by defendant’s counsel, Ashwani Bhakhri of the Law Offices of Ashwani K. Bhakhri. 1 Dockets.Justia.com 1 with plaintiff. 2 In light of the recently filed stipulation and proposed order, IT IS HEREBY 3 ORDERED that the hearing on plaintiff’s application for default judgment (Dkt. No. 8), currently 4 set for November 4, 2010, is vacated. 5 IT IS FURTHER RECOMMENDED that: 6 1. 7 entered against defendant on September 7, 2010 (Dkt. No. 7), be set aside. 8 9 10 The parties’ stipulation be approved and that the clerk’s entry of default 2. Plaintiff’s application for default judgment (Dkt. No. 8) be denied as 3. Defendant be permitted to file an answer to plaintiff’s complaint or enter a moot. 11 stipulated judgment with plaintiff within a time period to be determined by the United States 12 District Judge assigned to this matter. 13 These findings and recommendations are submitted to the United States District 14 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 15 days after being served with these findings and recommendations, any party may file written 16 objections with the court and serve a copy on all parties. Id.; see also E. Dist. Local Rule 304(b). 17 Such a document should be captioned “Objections to Magistrate Judge’s Findings and 18 Recommendations.” Any response to the objections shall be filed with the court and served on 19 all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). 20 Failure to file objections within the specified time may waive the right to appeal the District 21 Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 22 1153, 1156-57 (9th Cir. 1991). 23 DATED: November 3, 2010 24 25 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 26 2