BMO Harris Bank, N.A. v. Greenway Transport, Inc., et al., No. 2:2019cv02436 - Document 48 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 3/31/23 ADOPTING in full 47 Findings and Recommendations and GRANTING 37 plaintiff's Motion for Default Judgment against defendants. Default judgment is entered in favor of plaintiff and a gainst defendants Greenway Transport, Inc., and Ajaypal Dhaliwal, in the amount of $276,654.51, plus interest accruing at a per diem rate of $119.91 from 5/13/22, through the date judgment is entered. Plaintiff's request for attorneys' fees and costs is DENIED, without prejudice to plaintiff filing a timely motion brought under Local Rule 292 and 293. CASE CLOSED (Kastilahn, 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 BMO HARRIS BANK, N.A., 12 13 14 15 No. 2:19-cv-02436-DAD-JDP Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS GREENWAY TRANSPORT, INC., et al., (Doc. Nos. 37, 47) Defendant. 16 17 Plaintiff BMO Harris Bank, N.A., filed this breach-of-contract action against defendants 18 Greenway Transport, Inc., and Ajaypal Dhaliwal on December 5, 2019. (Doc. No. 1.) On 19 November 30, 2021, defendants were served with the summons and complaint, and the executed 20 summonses were filed with the court on December 29, 2021. (Doc. Nos. 27.) Neither of the 21 defendants filed an answer, responsive pleading, or otherwise appear in this action. On March 31, 22 2022, plaintiff filed a request for entry of default against defendants (Doc. No. 31), and default 23 was entered by the Clerk of the Court against defendants (Doc. No. 33). On May 13, 2022, 24 plaintiff filed the pending motion for default judgment. (Doc. No. 37.) This matter was referred 25 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 and Local Rule 302. 26 On March 16, 2023, the assigned magistrate judge issued findings and recommendations 27 recommending that plaintiff’s motion for default judgment be granted. (Doc. No. 47.) The 28 findings and recommendations provided that any objections thereto were to be filed within 1 1 fourteen (14) days. (Id. at 11.) To date, no objections have been filed and the time for doing so 2 has now passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court conducted a de 4 novo review of the case. Having carefully reviewed the file, the court concludes that the findings 5 and recommendations are supported by the record and proper analysis. 6 Accordingly: 7 1. 8 The findings and recommendations issued on March 16, 2023 (Doc. No. 47) are adopted in full; 9 2. 10 Plaintiff’s motion for default judgment against defendants (Doc. No. 37) is granted; 11 3. Default judgment is entered in favor of plaintiff and against defendants Greenway 12 Transport, Inc., and Ajaypal Dhaliwal, in the amount of $276,654.51, plus interest 13 accruing at a per diem rate of $119.91 from May 13, 2022, through the date 14 judgment is entered; 15 4. 16 Plaintiff’s request for attorneys’ fees and costs is denied, without prejudice to plaintiff filing a timely motion brought under Local Rule 292 and 293; and 17 5. 18 IT IS SO ORDERED. 19 Dated: The Clerk of the Court is directed to close this case. March 31, 2023 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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