Entrepreneur Media Inc. v. Smith, No. 2:2010mc00055 - Document 203 (E.D. Cal. 2015)

Court Description: ORDER signed by Judge John A. Mendez on 7/10/15 ORDERING that the proposed findings and recommendations filed June 22, 2015, are ADOPTED; and Defendant Scott Smith is ordered to appear before the undersigned on July 29, 2015 at 9:30 a.m. in Courtroom #6 to show cause why Smith should not be found in civil contempt until he fully complies with the magistrate judge's November 26, 2013 order. (Becknal, R)

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Entrepreneur Media Inc. v. Smith Doc. 203 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENTREPRENEUR MEDIA, INC., 12 No. 2:10-mc-55-JAM-EFB Plaintiff, 13 v. 14 SCOTT SMITH, 15 ORDER Defendant. 16 17 On June 22, 2015, the magistrate judge filed findings and recommendations herein which 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Defendant filed objections on July 6, 20 2015, and plaintiff filed a response thereto on July 7, 2015. Those filings were considered by the 21 undersigned. 22 This court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 Dockets.Justia.com 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 3 Accordingly, IT IS ORDERED that: 4 1. The proposed findings and recommendations filed June 22, 2015, are ADOPTED; and 5 2. Defendant Scott Smith is ordered to appear before the undersigned on July 29, 2015 at 6 9:30 a.m. in Courtroom #6 to show cause why Smith should not be found in civil contempt 7 until he fully complies with the magistrate judge’s November 26, 2013 order. 8 DATED: July 10, 2015 9 /s/ John A. Mendez_______________________ 10 UNITED STATES DISTRICT COURT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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