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J & J Sports Productions, Inc. v. Torres

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 3, 2010

J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
v.
ELSA MARINA TORRES, INDIVIDUALLY AND D/B/A CLUB MACCAO, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER and FINDINGS AND RECOMMENDATIONS

Presently before the court is plaintiff's application for default judgment, which is scheduled to be heard on the undersigned's law and motion calendar on November 4, 2010.*fn1

(Dkt. No. 8.) However, on November 3, 2010, the parties, through their respective counsel, filed a stipulation and proposed order seeking to set aside the entry of default that was entered against defendant on September 7, 2010.*fn2 (Dkt. No. 13.) If approved, the parties' stipulation would permit defendant to file an answer to plaintiff's complaint or enter into a stipulated judgment with plaintiff.

In light of the recently filed stipulation and proposed order, IT IS HEREBY ORDERED that the hearing on plaintiff's application for default judgment (Dkt. No. 8), currently set for November 4, 2010, is vacated.

IT IS FURTHER RECOMMENDED that:

1. The parties' stipulation be approved and that the clerk's entry of default entered against defendant on September 7, 2010 (Dkt. No. 7), be set aside.

2. Plaintiff's application for default judgment (Dkt. No. 8) be denied as moot.

3. Defendant be permitted to file an answer to plaintiff's complaint or enter a stipulated judgment with plaintiff within a time period to be determined by the United States District Judge assigned to this matter.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Id.; see also E. Dist. Local Rule 304(b). Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any response to the objections shall be filed with the court and served on all parties within fourteen days after service of the objections. E. Dist. Local Rule 304(d). Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).


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