J & J Sports Productions, Inc. v. Torres, No. 2:2010cv01043 - Document 17 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 1/3/2011 ORDERING that the 15 Proposed Findings and Recommendations filed November 3, 2010, are ADOPTED. The parties' stipulation is approved and the clerk's entry of default entered against defendant on September 7, 2010 is set aside. Plaintiff's 8 application for default judgment is DENIED as moot. Defendant's Answer filed on December 23, 2010, is deemed timely filed.(Duong, D)
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J & J Sports Productions, Inc. v. Torres Doc. 17 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, vs. 12 13 No. CIV-S-10-1043-FCD-KJN ELSA MARINA TORRES, individually and d/b/a CLUB MACCAO, 14 15 Defendants. __________________________________/ ORDER 16 17 On November 3, 2010, the magistrate judge filed findings and recommendations herein 18 which were served on the parties and which contained notice that any objections to the findings 19 and recommendations were to be filed within fourteen days. No objections were filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. 20 21 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 22 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 23 1983). The court has reviewed the applicable legal standards and, good cause appearing, 24 25 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The Proposed Findings and Recommendations filed November 3, 2010, are 3 4 5 ADOPTED; 2. The parties’ stipulation is approved and the clerk’s entry of default entered against defendant on September 7, 2010 is set aside; 6 3. Plaintiff’s application for default judgment is denied as moot; and 7 4. Defendant’s Answer filed on December 23, 2010, is deemed timely filed. 8 DATED: January 3, 2011. 9 10 11 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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