Chevron Environmental Management Company v. Environmental Protection Corporation ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHEVRON ENVIRONMENTAL ) Case No.: 1:19-cv-00807-LJO-JLT MANAGEMENT COMPANY, et al., ) 12 Plaintiffs, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATION TO GRANT MOTION FOR 13 v. ) DEFAULT JUDGMENT ) 14 ENVIRONMENTAL PROTECTION ) (Doc. 22) 15 CORPORATION, ) Defendant. ) 16 ) 17 On June 7, 2019, Plaintiffs filed its complaint against the Environmental Protection 18 Corporation. (Doc. 1.) On June 24, 2019, Defendant was personally served through its registered 19 agent, Thomas Johnson, pursuant to Federal Rule of Civil Procedure 4. (Doc. 12.) Defendant failed to 20 file a responsive pleading as required by Federal Rule of Civil Procedure 12(a)(1)(A)(i). 21 Upon motion by Plaintiffs, the Court entered the Clerk’s Certificate of Entry of Default 22 against Defendant on July 22, 2019. (Docs. 15, 16.) On August 21, 2019, Plaintiffs filed a motion 23 seeking default judgment against Defendant. (Doc. 20.) The Court issued findings and 24 recommendation to grant motion for default judgment on September 13, 2019, providing the parties 25 fourteen days to file any objections to the recommendation. (Doc. 22.) In addition, the parties were 26 “advised that failure to file objections within the specified time may waive the right to appeal the 27 District Court's order.” (Doc. 22 at 9, citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); 28 1 Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). To date, no objections have been filed and 2 the time period for doing so has expired. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo 4 review of the case. Having carefully reviewed the entire file, the Court finds the findings and 5 recommendation to be supported by the record and proper analysis. 6 Accordingly, the Court orders as follows: 7 1. The findings and recommendation dated September 13, 2019 (Doc. No. 22) is adopted 8 in full; 9 2. Plaintiffs’ motion for default judgment is granted, and Plaintiffs are awarded cost 10 recovery in the amount of $18,147,595.24; and 11 3. The Clerk of Court is directed to close the action. 12 13 IT IS SO ORDERED. 14 Dated: October 2, 2019 /s/ Lawrence J. O’Neill _____ 15 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28