(BK) Burkart v. Varma et al, No. 2:2013cv02299 - Document 2 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 1 FINDINGS AND RECOMMENDATIONS signed by Judge John A. Mendez on 11/19/13 GRANTING Plaintiff's Motion for Entry of Default Judgment. CASE CLOSED. (Manzer, C)

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(BK) Burkart v. Varma et al Doc. 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 In Re: No. 2:13-cv-02299 JAM 12 VINCENT THAKUR SINGH and MELANIE GAY SINGH, Bankruptcy No. 10-42050-D-7 Adv. No. 12-2460 13 Debtor, 14 15 MICHAEL F. BURKART, Chapter 7, Trustee, 16 ORDER ADOPTING THE BANKRUPTCY JUDGE’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, v. 17 ASHNI VARMA and SHIU VARMA, 18 Defendants. 19 20 Chapter 7 Trustee Michael Burkart (“Plaintiff”) filed a 21 motion for entry of default of judgment against Defendants Ashni 22 Varma and Shiu Varma (collectively “Defendants”) in the 23 Bankruptcy Court. 24 Pursuant to 28 U.S.C. § 157(c)(1) and In re Bellingham Ins. 25 Agency, Inc., 702 F.3d 553, 565 (9th Cir. 2012) cert. granted, 26 133 S. Ct. 2880 (U.S. 2013), on November 4, 2013, the Bankruptcy 27 Court submitted its proposed findings of fact and conclusions of 28 law to this Court for review. Defendants did not oppose the motion. 1 Dockets.Justia.com 1 The district court reviews de novo a bankruptcy judge’s 2 proposed findings of fact and conclusions of law as to “those 3 matters to which any party has timely and specifically objected.” 4 28 U.S.C. § 157(c)(1); see also Fed. R. Bankr. P. 9033(d). 5 Objections are due within 14 days after being served with a copy 6 of the proposed findings of fact. 7 objections have been filed in this case. 8 9 Fed. R. Bankr. P. 9033(b). No Upon de novo review, the Court finds the proposed findings of fact and conclusions of law to be supported by the record and 10 by proper analysis. 11 Judge’s proposed findings of fact and conclusions of law (Doc. 12 #1) and, accordingly, GRANTS Plaintiff’s motion for entry of 13 default of judgment against Defendants with damages in the amount 14 requested in the complaint. 15 IT IS SO ORDERED. 16 17 Dated: Therefore, the Court ADOPTS the Bankruptcy November 19, 2013. ____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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