U.S. Wholesale Outlet & Distribution, Inc. v. US Wholesale ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 U.S. WHOLESALE OUTLET & No. 2:20-cv-2379 KJM AC DISTRIBUTION, INC., 12 Plaintiff, 13 ORDER v. 14 US WHOLESALE, 15 Defendant. 16 17 On June 23, 2021, the magistrate judge filed findings and recommendations, which were 18 served on plaintiff and which contained notice to plaintiff that any objections to the findings and 19 recommendations were to be filed within twenty-one days. ECF No 14. Plaintiff has not filed 20 objections to the findings and recommendations. 21 The court presumes that any findings of fact are correct. See Orand v. United States, 22 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 23 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 24 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 25 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 26 supported by the record and by the proper analysis. 27 ///// 28 ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed June 23, 2021, are adopted; 3 2. Plaintiffs May 5, 2021 motion for default judgment, (ECF No. 11) is granted; 4 3. The court enters judgment against the defendant on all claims; 5 4. The court enjoins and restrains defendant and its partners, officers, agents, servants, 6 || employees, and attorneys, their successors and assigns, and all others in active concert or 7 || participation with defendant, from using, in any manner whatsoever, the trade name “US 8 || Wholesal;” 9 5. The court grants plaintiffs request for attorney’s fees in the amount of $15,840 and 10 || costs in the amount of $560.55; and 11 6. The Clerk’s office is directed to close this case. 12 | DATED: September 27, 2021. 13 14 15 CHIEF ED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28