FFM Mushrooms Inc. v. Rain Forest Produce Inc.

2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 6 FFM MUSHROOMS, INC., Case No. 20-cv-08201-BLF 7 Plaintiff, ORDER ADOPTING REPORT AND 8 Vv. RECOMMENDATION; AND GRANTING MOTION FOR DEFAULT JUDGMENT 9 RAIN FOREST PRODUCE, INC., [Re: ECF 17, 23] 10 Defendant. a 12 The Court has reviewed the Report and Recommendation (“R&R”) of Magistrate Judge ~ 13 || Virginia K. DeMarchi (ECF 23), recommending that the Court grant Plaintiff FFM Mushrooms, v 14 || Inc.’s Motion for Default Judgment (ECF 17) against Defendant Rain Forest Produce, Inc. The 15 R&R was served on Defendant by mail on June 16, 2021. See Proof of Service, ECF 25.

16 || Defendant thereafter had fourteen days to object to the R&R. See Fed. R. Civ. P. 72(b)(2). = 17 || Defendant did not file an objection within the time provided and still has not filed an objection.

18 The Court finds the R&R to be correct, well-reasoned and thorough. In particular, the || Court agrees with Judge DeMarchi’s conclusions that jurisdiction is proper, service of process on || Defendant was adequate, and default judgment is warranted after weighing the factors set forth in 21 Eitel vy. McCool, 782 F.2d 1470 (9th Cir. 1986). See R&R at 3-8. The Court also agrees with || Judge DeMarchi’s correction to Plaintiff's calculation of interest. See R&R at 10.

23 Accordingly, IT IS HEREBY ORDERED that: 24 (1) The R&R is ADOPTED IN FULL; and 25 (2) Plaintiff's motion for default judgment is GRANTED.

27 || Dated: July 13, 2021 fob Lowe freeman) BETH LABSON FREEMAN 28 United States District Judge