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Scott N. Johnson v. Matsui Management

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


October 21, 2011

SCOTT N. JOHNSON, PLAINTIFF,
v.
MATSUI MANAGEMENT CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

On September 19, 2011, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within twenty-one days. Objections were filed on September 30, 2011, and they were considered by the this Court.

This Court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the Court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979).

The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

The Court has reviewed the applicable legal standards and, good cause appearing, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations filed September 19, 2011 (ECF No. 14), are ADOPTED in full;*fn1 and

2. Plaintiff's Amended Motion for Entry of Default Judgment, filed May 27, 2011 (ECF No. 12), is DENIED without prejudice.


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