Opinion
No. 2:10-mc-55-JAM-EFB
07-10-2015
ENTREPRENEUR MEDIA, INC., Plaintiff, v. SCOTT SMITH, Defendant.
ORDER
On June 22, 2015, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. Defendant filed objections on July 6, 2015, and plaintiff filed a response thereto on July 7, 2015. Those filings were considered by the undersigned.
This court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).
The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. Accordingly, IT IS ORDERED that:
1. The proposed findings and recommendations filed June 22, 2015, are ADOPTED; and
2. Defendant Scott Smith is ordered to appear before the undersigned on July 29, 2015 at 9:30 a.m. in Courtroom #6 to show cause why Smith should not be found in civil contempt until he fully complies with the magistrate judge's November 26, 2013 order. DATED: July 10, 2015
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE