(PS) Aussieker v. Staccato Properties, LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK AUSSIEKER and KIMBERLY No. 2:19-cv-00089-TLN-DB AUSSIEKER, 12 13 Plaintiffs, ORDER 14 v. 15 STACCATO PROPERTIES, LLC, et al., 16 Defendants. 17 18 Plaintiffs Mark Aussieker and Kimberly Aussieker (collectively “Plaintiffs”) are 19 proceeding pro se in the above-entitled action. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 26, 2019, the magistrate judge filed findings and recommendations which 22 were served on Plaintiffs and which contained notice to Plaintiffs that any objections to the 23 findings and recommendations were to be filed within fourteen days after service of the findings 24 and recommendations. The fourteen-day period has expired, and Plaintiffs have not filed any 25 objections to the findings and recommendations. 26 Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 27 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 /// 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 HEREBY ORDERED that: 6 1. The Findings and Recommendations filed December 26, 2019 (ECF No. 19), are 7 adopted in full; 8 2. Plaintiffs’ March 18, 2019, Motion for Default Judgment (ECF No. 15) is GRANTED; 9 3. Judgment is entered against Defendant Staccato Properties, LLC; 10 4. Defendant Staccato Properties, LLC is ordered to pay Plaintiffs $5,455 in damages and 11 costs; 12 5. Plaintiffs are awarded postjudgment interest; and 13 6. The Clerk of the Court is directed to close this case. 14 IT IS SO ORDERED. 15 Dated: February 11, 2020 16 17 18 19 20 21 22 23 24 25 26 27 28