(PS) Mehl v. Zip Capital Group, LLC ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GAVIN MEHL, No. 2:20-cv-02099-TLN-AC 12 Plaintiff, 13 v. ORDER 14 ZIP CAPITAL GROUP, LLC, 15 Defendant. 16 17 Plaintiff Gavin Mehl (“Plaintiff”), proceeding pro se, filed the above-entitled action. The 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302(c)(21). 20 On February 11, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. (ECF No. 17.) Neither 23 party has filed objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983); see also 28 27 U.S.C. § 636(b)(1). 28 /// 1 Having reviewed the file under the applicable legal standards, the Court finds the Findings 2 | and Recommendations to be supported by the record and by the magistrate judge’s analysis. 3 | Accordingly, IT IS HEREBY ORDERED that: 4 1. The Findings and Recommendations filed February 11, 2021 (ECF No. 17), are 5 | ADOPTED IN FULL; 6 2. Defendant’s Motion (ECF No. 15) is GRANTED IN PART and DENIED IN PART as 7 | follows: 8 a. GRANTED to the extent it seeks to set aside default, and 9 b. DENIED as improperly filed, without prejudice to refiling in compliance with 10 the Local Rules, to the extent it seeks dismissal and a stay; 11 3. Plaintiff's Motion for Default Judgment (ECF No. 13) is DENIED as moot; and 12 4. Defendant is ordered to file an answer to the Complaint, or other responsive 13 || pleading, within 14 days of the electronic filing of this Order. 14 IT IS SO ORDERED. 15 | DATED: March 19, 2021 16 () jf 17 Mn Voskouy 18 Troy L. Nunley ] 19 United States District Judge 20 21 22 23 24 25 26 27 28