Sierra School Equipment Company v. Lafayette Life Insurance Company ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SIERRA SCHOOL EQUIPMENT Case No. 1:23-cv-01496-JLT-CDB COMPANY, 12 ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS GRANTING MOTION 13 TO SET ASIDE CLERK’S ENTRY OF DEFAULTS AGAINST DEFENDANTS 14 v. PENSIONLABS INCORPORATED AND MICHAEL HOLMAN 15 LAFAYETTE LIFE INSURANCE COMPANY, et al. (Doc. 26) 16 Defendants. 17 18 19 Sierra School Equipment Company initiated this action in Kern County Superior Court, 20 which asserts breach of contract and related claims concerning the marketing and provision of 21 pension plans. (Doc. 1.) Defendant Lafayette Life Insurance Company removed the case to this 22 Court based on diversity jurisdiction. (Id.) On November 29, 2023, at Plaintiff’s request, the 23 Clerk of Court entered default as to Pensionlabs Incorporated and Michael Holman. (Docs 11-12, 24 15-16.) 25 On January 8, 2024, the assigned magistrate judge issued Findings and Recommendations 26 concluding that Pensionlabs and Holman’s motion to set aside the default should be granted. 27 (Doc. 26.) The Court served the Findings and Recommendations on all parties and notified them 1 | “failure to file objections within the specified time may result in the waiver of rights on appeal.” 2 | Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) No party filed objections 3 | or any other response, and the deadline to do so has passed. 4 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 5 | case. Having carefully reviewed the matter, the Court concludes the Findings and 6 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations (Doc. 26) are ADOPTED IN FULL. 8 2. The motion filed by Pensionlabs Incorporated and Michael Holman to set aside the Clerk 9 of the Court’s entry of default (Doc. 18) is GRANTED, and the default is SET ASIDE as 10 to each defendant. 11 3. Pensionlabs Incorporated and Michael Holman responsive pleading SHALL be filed 12 within 14 days of entry of this order. 13 4 IT IS SO ORDERED. 5 Dated: _ January 25, 2024 Cerin | Tower TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28