Ascentium Capital, LLC v. Indu Motel, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ASCENTIUM CAPITAL, LLC, No. 2:21-cv-00376 KJM CKD 12 Plaintiff, 13 v. ORDER 14 INDU MOTEL, LLC, et al., 15 Defendants. 16 17 On February 2, 2022, the magistrate judge filed findings and recommendations, which 18 contained notice that any objections to the findings and recommendations were to be filed within 19 fourteen days. No party has filed objections to the findings and recommendations. 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 issued February 2, 2020 are adopted in full with 3 the following typographical error on page 8, lines 14 and 18 corrected: the combined 4 award of attorney fees and costs is $12,089.00 and not $13,911.86; 5 2. Plaintiffs motion for default judgment (ECF No. 16) is GRANTED; 6 3. Judgment is entered in favor of plaintiff Ascentium Capital LLC and against 7 defendants Indu Motel LLC, Pragnesh Patel, and Vasant Patel, jointly and severally, in 8 the amount of $183,659.16, comprised of principal in the amount of $171,570.16; 9 attorney’s fees of $10,278.00; and costs in the sum of $1,811.00; 10 4. The Clerk of Court is directed to vacate all dates and close this case; and 11 5. Plaintiff shall forthwith serve copies of this order on defendants by U.S. mail at their 12 last-known addresses. 13 || DATED: October 26, 2022. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28