Empower Retirement, LLC v. Diaz ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Empower Retirement, LLC, No. 2: 22-cv-00489-KJM-CKD 12 Plaintiff, ORDER 13 v. 14 Joseph R. Diaz, 15 Defendant. 16 17 On February 13, 2023, the magistrate judge filed findings and recommendations (ECF 18 No. 23), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within seven (7) days. No objections were filed. 20 The court presumes that any findings of fact are correct. See Orand v. United States, 21 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 22 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 23 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 24 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 25 supported by the record and by the proper analysis. 26 ///// 27 ///// 28 ///// ] Accordingly, IT IS HEREBY ORDERED: 2 1. The findings and recommendations (ECF No. 23) are ADOPTED IN FULL. 3 2. Plaintiff's motion for default judgment against defendant for unjust enrichment and 4 conversion (ECF No. 13) is GRANTED. 5 3. Plaintiff awarded final judgment in the amount of $727,173.16, representing damages 6 for conversion, plus 7 a. Pre-judgment interest from September 24, 2021, through entry of judgment at a 8 rate of 7 percent per annum and based on a 365-day year (a daily rate of 9 approximately $139.46); and 10 b. Any post-judgment interest accruing after the entry of judgment in accordance 11 with federal law. 12 4. This case is closed. 13 | DATED: March 29, 2023. 14 15 ee 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28