Ascentium Capital LLC v. Maldonado ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ASCENTIUM CAPITAL LLC, No. 2:19-cv-01674-TLN-CKD 12 Plaintiff, ORDER 13 v. 14 ROTCEH COLON MALDONADO, 15 Defendant. 16 17 Plaintiff Ascentium Capital LLC (“Plaintiff”) filed a Complaint for breach of equipment 18 finance agreement against Defendant Rotceh Colon Maldonado (“Defendant”) on August 27, 19 2019. (ECF No. 1.) Defendant was personally served in Puerto Rico on September 7, 2019. 20 Defendant has not answered or appeared. This matter is before the Court on Plaintiff’s motion for 21 default (ECF No. 8) which was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 22 § 636(b)(1)(B) and Local Rule 302. 23 On January 9, 2020, the magistrate judge filed findings and recommendations which were 24 served on all parties and which contained notice to all parties that any objections to the findings 25 and recommendations were to be filed within fourteen days. (ECF No. 15.) Neither party has 26 filed any objections to the Findings and Recommendations. 27 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 28 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 2 1983); see also 28 U.S.C. § 636(b)(1). 3 Having reviewed the file under the applicable legal standards, the Court finds the Findings 4 and Recommendations to be supported by the record and by the magistrate judge’s analysis. 5 Accordingly, IT IS ORDERED that: 6 1. The Proposed Findings and Recommendations filed January 9, 2020 (ECF No. 15), are 7 adopted in full. 8 2. Plaintiff's motion for default judgment (ECF No. 8) is GRANTED. 9 3. Judgment is entered in Plaintiff’s favor and against defendant. 10 4. Plaintiff is awarded $142,457.61. 11 5. The Clerk of Court is directed to close this case. 12 IT IS SO ORDERED 13 DATED: March 16, 2020 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28