Renova Energy Corp. v. Cuevas ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RENOVA ENERGY CORP., Case No. 1:22-cv-00999-JLT-EPG 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL 13 vs. (Doc. 35) 14 SALVADOR CUEVAS, et al., 15 Defendants. 16 17 Plaintiff Renova Energy Corp. moves for default judgment against Defendants Salvador 18 Cuevas; Renova Home Improvements; Renova Home Energy Solutions, Inc.; Renova Energy 19 Efficiency, Inc.; and Renova Enterprises on trademark-related claims brought under the 20 Lanham Act. (Doc. 33.) Plaintiff also requested that the Court take judicial notice of 21 documents filed with the United States Patent and Trademark Office and the California 22 Secretary of State. (Doc. 33-2.) The matter was referred to a United States Magistrate Judge 23 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(19). 24 On January 23, 2024, the assigned magistrate judge issued Findings and 25 Recommendations, recommending that Plaintiff’s requests for judicial notice be granted and 26 the motion for default judgment be granted in part. (Doc. 35.) The Court served the Findings 27 and Recommendations on the Plaintiff and provided notice that any objections were due within 28 14 days. (Id. at 14–15.) The Court advised that the “failure to file objections within the 1 || specified time may result in the waiver of rights on appeal.” (/d. at 15, citing Wilkerson v. 2 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time 3 || 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 Having carefully reviewed the matter, including the subject trademarks and all the 6 || evidence submitted by Plaintiff, the Court concludes the Findings and Recommendations are 7 || supported by the record and proper analysis. Thus, the Court ORDERS: 8 1. The findings and recommendations issued on January 23, 2024, (Doc. 35), are 9 ADOPTED IN FULL. 10 2. Plaintiffs requests for judicial notice (Doc. 33-2) are GRANTED. 11 3. Plaintiff's motion for default judgment (Doc. 33) is GRANTED, in part, as 12 specified below: 13 a. Defendants are enjoined from using Plaintiff's registrations, specifically, 14 U.S. Reg. No. 4955575 and U.S. Reg. No. 4166527. 15 b. The Clerk of Court shall enter judgment in favor of Plaintiff Renova 16 Energy Corp. against Defendants Salvador Cuevas; Renova Home 17 Improvements; Renova Home Energy Solutions, Inc.; Renova Energy 18 Efficiency, Inc.; and Renova Enterprises. 19 C. Plaintiff is awarded attorneys’ fees of $9,065 plus $402 in costs. 20 4. Plaintiff's motion for default judgment (Doc. 33) is DENIED in all other 21 respects. 22 5. The Clerk of Court is directed to close this case. 23 IT IS SO ORDERED. 25 || Dated: _ February 9, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 27 28