1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CRISPIN RODRIGUEZ, individually & Case No. 1:20-cv-00052 JLT BAM dba GROWER’S DIRECT PRODUCE, 12 ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS AND DENYING 13 MOTION FOR DEFAULT JUDGMENT v. WITHOUT PREJUDICE 14 OLD WEST EXPORT, INC., a California (Docs. 47, 77) 15 corporation and FRANCES MURILLO, an individual, 16 Defendants. 17 18 Crispin Rodriguez, individually and doing business as Grower’s Direct Produce, brings 19 this action under the Perishable Agricultural Commodities Act (PACA) against Defendants Old 20 West Export, Inc. and Frances Murillo. Default has been entered against Old West Export, Inc. 21 (Doc. 46.) 22 Plaintiff moved for default judgment against Old West. (Doc. 47.) On August 22, 2025, 23 the assigned magistrate judge issued findings and recommendations to deny the motion for 24 default judgment without prejudice because Plaintiff had not offered any reason to justify entry of 25 judgment as to fewer than all claims and all defendants under Federal Rule of Civil Procedure 26 54(b). (Doc. 77 at 6.) 27 The Court served the findings and recommendations on the parties and notified them that 28 any objections were due within 14 days. (Doc. 77 at 6.) The Court also informed the parties that 1 | the “failure to file objections within the specified time may result in the waiver of the ‘right to 2 | challenge the magistrate’s factual findings’ on appeal.” (/d. at 6-7, quoting Wilkerson v. Wheeler, 3 |

(9th Cir. 2014).) No objections were filed by any party and the time to do so 4 | has expired. 5 According to

(b)(1)(c), this Court conducted a de novo review of the case. 6 | Having carefully reviewed the entire matter, the Court concludes that the Findings and 7 || Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The Findings and Recommendations issued on August 22, 2025 (Doc. 77) are 9 ADOPTED IN FULL. 10 2. Plaintiff's motion for default judgment (Doc. 47) is DENIED without prejudice. 11 3. The matter is referred back to the assigned magistrate judge for further proceedings 12 consistent with this order. 13 4 IT IS SO ORDERED. 5 Dated: _ September 9, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28