Taylor v. Aquarion Asset Management, LLC
Taylor v. Aquarion Asset Management, LLC
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY TAYLOR, Case No. 2:24-cv-0346-JAM-JDP 12 Plaintiff, 13 v. ORDER 14 AQUARION ASSET MANAGEMENT, LLC, 15 Defendant. 16
17 18 Plaintiff’s motion for entry of default judgment was submitted for decision without oral 19 argument by the magistrate judge on April 23, 2024. The matter was referred to a United States 20 Magistrate Judge pursuant to Local Rule 302(c)(19) and
28 U.S.C. § 636(b)(1). 21 On November 18, 2024, the magistrate judge filed findings and recommendations herein 22 which contained notice to the parties that any objections to the findings and recommendations 23 were to be filed within fourteen days. No objections were filed. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602
25 F.2d 207, 208(9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Robbins v. Carey,
481 F.3d 1143, 1147(9th Cir. 2007) (“[D]eterminations of law by the 27 magistrate judge are reviewed de novo by both the district court and [the appellate] court . . . .”). 28 Having reviewed the file, the court finds the findings and recommendations to be supported by 1 the record and by the proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The Findings and Recommendations filed November 18, 2024, are adopted in full; 4 2. Plaintiff’s motion for default judgment, ECF No.8, is granted in part and denied in 5 part; 6 3. Default judgment is entered against defendant in the amount of $2,000 in statutory 7 damages. 8 4. Plaintiff’s request for costs and attorney’s fees be denied without prejudice to renewal 9 upon a timely motion filed in compliance with Local Rule 292 and 293; and 10 5. The Clerk of Court is directed to close the case. 11
12 Dated: December 23, 2024 /s/ John A. Mendez 13 THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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