Opinion
No.: 1:18-cv-01046-NONE-JLT
07-09-2020
LEONEL GONZALEZ and JONATHAN BASULTO, Plaintiffs, v. JAG TRUCKING, INC. et al., Defendants. AND RELATED CROSS ACTIONS
ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATION GRANTING MOTIONS FOR DEFAULT JUDGMENT
(Docs. 123, 124, 125, 126)
This case arises from a May 8, 2018 multi-car accident on a stretch of Interstate 5 known as "the Grapevine." (Docs. 123, 124, 125, 126 at 4.) Plaintiffs Leonel Gonzalez and Jonathan Basulto brought a negligence and negligent infliction of emotional distress action against Defendants JAG Trucking, Inc. and Joshua Nicholson, who in turn cross complained against Juan Carlos A Hernandez and Francisco Javier Jimenez Tapia dba Pitufos Transport. (Id.) Defendants later amended their cross complaint to add all involved parties through a declaratory relief cause of action. (Id.) Cross-plaintiffs, JAG Trucking, Inc. and Joshua Nicholson moved for default judgment against four defaulted cross-defendants: Frank Lopez, Isaiah Gonzalez, Jose Alvarado and Juana Leuvano. (Doc. Nos. 123, 124, 125, 126.) Specifically, cross-plaintiffs requested entry of judgments indicating that each of the four defaulted cross-defendants would take nothing by way of any affirmative claim or ///// defense. (Id.) No opposition to the motion for default judgment was filed. (See Doc. No. 127 at 2.) All other aspects of this case have been resolved globally through federal court mediation. (See Doc. No. 128 at 2.)
On June 10, 2020, the assigned magistrate judge issued findings and recommendation recommending that the pending motions for default judgment be granted, providing the parties fourteen days to file any objections to the recommendations. (Doc. No. 128.) In addition, the parties were "advised that failure to file objections within the specified time may waive the right to appeal the District Court's order." (Doc. No. 128 at 6, citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991); Wilkerson v. Wheeler, 772 F.3d 834, 834 (9th Cir. 2014)). To date, no objections have been filed and the time period for doing so has expired.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. Having carefully reviewed the file, the Court finds the findings and recommendations are supported by the record and proper analysis. All of the procedural pre-requisites for default judgment have been observed, and the record supports the magistrate judge's conclusion that all of the relevant factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986), weigh in favor of entry of the requested judgments.
Accordingly, the Court ORDERS:
1. The findings and recommendations dated June 10, 2020 (Doc. No. 128) are ADOPTED IN FULL; andIT IS SO ORDERED.
2. Cross-plaintiffs' motions for default judgment are GRANTED (Doc. Nos. 123, 124, 125, 126).
Dated: July 9 , 2020
/s/_________
UNITED STATES DISTRICT JUDGE