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United States v. China China

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


September 21, 2011

UNITED STATES
PLAINTIFF,
v.
CHINA CHINA, INC., ET AL.,
DEFENDANTS.

ORDER ADOPTING REPORT AND RECOMMENDATION AND ENTERING DEFAULT JUDGMENT AND DEFAULT PERMANENT INJUNCTION

Magistrate Judge Elizabeth Laporte has issued a Report and Recommendation in which she recommends this Court grant Plaintiff

China China, Inc., Motion for Partial Default Judgment as to ECF No. 18. No objections have been filed. Having reviewed the Report and Recommendation, the Court finds it to be correct, well- reasoned, and thorough, and therefore ADOPTS it in every respect. "assess[es] the adequacy of the service of process on the party against whom default is requested." Bd. of Trs. of the N. Cal. 19065, at *2 (N.D. Cal. Jan. 2, 2001). In the instant case, Plaintiff United States effected proper service of process pursuant to Rule 4 of the Federal Rules of Civil Procedure by serving a copy rict of California United States District Court United States' Motion for Partial Default Judgment as to Defendant For the Northern Dist Defendant Jenn Ji Chu, and Motion for Default Permanent Injunction.

As it must on a motion for default judgment, the Court also Sheet Metal Workers v. Peters, No. 00-0395, 2000 U.S. Dist. LEXIS of the complaint and summons on Defendants China China, Inc. and Jenn Ji Chu on May 10, 2011. See ECF Nos. 5-8. 3 Default Judgment against China China, Inc. is GRANTED; China China, United States' Motion for Partial Default Judgment against Jenn Ji States $427,170.62. 9 Injunction is GRANTED. For a period of five years from entry of this judgment, the COURT (A) enjoins China China, Inc., and its representatives, partners, agents, servants, employees, attorneys, and anyone in active concert or participation with them, from failing to pay over to the IRS all employment taxes including FICA and FUTA taxes required by law; (B) requires China China, Inc. to file employment tax returns with the IRS, or at such other location as the IRS may deem appropriate; (C) requires China China, Inc. to deposit withheld FICA taxes as well as China China, Inc.'s share of FICA taxes, in an appropriate federal depository bank in accordance with federal deposit regulations; (D) requires China China, Inc. to deposit FUTA taxes in an appropriate federal depository bank each quarter in accordance with the federal regulations; and (E) requires those individuals at China China, Inc. responsible for carrying out the duties established under parts (C) and (D) to sign and deliver affidavits to the revenue officer, or such other

Accordingly, Plaintiff United States' Motion for Partial Inc. is ORDERED to pay the United States $1,610,833.94. Plaintiff Chu is also GRANTED; Jenn Ji Chu is ORDERED to pay the United Further, Plaintiff United States' Motion for Default Permanent United States District Court For the Northern District of California location as the IRS may deem appropriate, on the 1st day of each month, stating that the requisite withheld income, FICA, and unemployment tax deposits were timely made.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

United States District Court For the Northern District of California

20110921

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