De Volksbank N.V. v. Beck et al.,, No. 2:2019cv00043 - Document 31 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr on 4/6/2021 ADOPTING IN FULL 27 Findings and Recommendations; GRANTING 22 Motion to Set Aside and DENYING 15 Motion for Default Judgment, without prejudice to renewal. The entries of defendants' defaults are SET ASIDE and Defendants are ORDERED to file a formal answer to the complaint within 28 days of the date of this order. (Tupolo, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 DE VOLKSBANK N.V. fka SNS REGIO BANK N.V., 13 14 15 16 Plaintiff, No. 2:19-cv-0043 MCE DB PS ORDER v. NICHOLAS GEORGE BECK, an individual, and ANGELIQUE VERSCHUUR, an individual, 17 Defendants. 18 Defendants Nicholas George Beck and Angelique Verschuur are proceeding in this action 19 pro se. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 20 302(c)(21). 21 On January 28, 2021, the magistrate judge filed findings and recommendations herein 22 which were served on all parties and which contained notice to all parties that any objections to 23 the findings and recommendations were to be filed within thirty days after service of the findings 24 and recommendations. The thirty-day period has expired and plaintiff has filed objections to the 25 findings and recommendations. 26 The Court has reviewed the file and finds the findings and recommendations to be 27 supported by the record and by the magistrate judge’s analysis. 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 28, 2021 (ECF No. 27) are adopted in 3 full; 4 2. Defendants’ July 1, 2020 motion to set aside entry of default (ECF No. 22) is granted; 5 3. The entries of defendants’ defaults are set aside; 6 4. Defendants are ordered to file a formal answer to the complaint within 28 days of the 7 8 date of this order; and 5. Plaintiff’s March 10, 2020 amended motion for default judgment (ECF No. 15) is 9 denied without prejudice to renewal. 10 IT IS SO ORDERED. 11 Dated: April 6, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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