G3 Enterprises, Inc. v. Fortress Nutrition, LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 G3 ENTERPRISES, INC., ) Case No.: 1:22-cv-1551 JLT EPG ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS AND DENYING 13 v. ) MOTION FOR DEFAULT JUDGMENT ) WITHOUT PREJUDICE 14 FORTRESS NUTRITION, LLC, ) ) (Doc. 18) 15 Defendant. ) ) 16 ) 17 G3 Enterprises, Inc. seeks default judgment against Defendant in this civil action. (Doc. 11.) 18 On March 9, 2023, the magistrate judge issued Findings and Recommendations, recommending the 19 motion for default judgment be denied without prejudice because Plaintiff failed to explain how 20 service was achieved, failed to address the relevant factors regarding an entry of default judgment, and 21 failed to justify an award of attorney fees and interest. (Doc. 18.) 22 The Court granted Plaintiff 14 days to file objections and advised that “failure to file objections 23 within the specified time may result in the waiver of rights on appeal.” (Doc. 18 at 7, citing Wilkerson 24 v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 25 1991).) Plaintiff has not filed objections, and the time to do so has expired. 26 Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 27 Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations 28 are supported by the record and by proper analysis. Accordingly, the Court ORDERS: 1 1. The Findings and Recommendations issued on March 9, 2023 (Doc. 18), are 2 ADOPTED in full. 3 2. Plaintiff's motion for default judgment (Doc. 18) is DENIED without prejudice. 4 3. This action is referred to the magistrate judge for further proceedings. 5 6 || IT IS SO ORDERED. Dated: _March 31, 2023 ( Li pA L. warm 8 TED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28