Mundell Land and Livestock Company, Inc., v. Kenefick et al, No. 2:2014cv00618 - Document 28 (E.D. Cal. 2015)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 1/12/2015 FINDINGS AND RECOMMENDATIONS 23 are ADOPTED in FULL; Plaintiff's 20 Application for Default Judgment is GRANTED; the stipulation between plaintiff and the US is APPROVED; and Judgment is ENTERED against defendant George Kenefick, Asset Acceptance, LLC and State of California Franchise Tax Board. (Reader, L)

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Mundell Land and Livestock Company, Inc., v. Kenefick et al Doc. 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MUNDELL LAND AND LIVESTOCK COMPANY, INC., Plaintiff, 13 14 15 16 17 18 No. 2:14-cv-618-KJM-EFB ORDER v. GEORGE GEOFFREY KENEFICK; UNITED STATES OF AMERICA; ASSET ACCEPTANCE, LLC; STATE OF CALIFORNIA FRANCHISE TAX BOARD, Defendants. 19 20 Plaintiff’s motion for entry of default judgment came on regularly for hearing before the 21 assigned magistrate judge on August 20, 2014. The matter was referred to the magistrate judge as 22 provided by Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). 23 On October 14, 2014, the magistrate judge filed findings and recommendations, which 24 contained notice to the parties that any objections to the findings and recommendations were to be 25 filed within fourteen days. No objections were filed. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 602 27 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 28 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 1 Dockets.Justia.com 1 the file, the court finds the findings and recommendations to be supported by the record and by 2 the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed October 20, 2014, are adopted in full; 5 2. Plaintiff’s application for default judgment, ECF No. 20, is granted; 6 3. The stipulation between plaintiff and the United States, ECF No. 22-1, is approved; 7 8 9 10 and 4. Judgment is entered against defendant George Kenefick, Asset Acceptance, LLC, and State of California Franchise Tax Board. DATED: January 12, 2015. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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