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Martella Auction Co., Inc. v. Tri State Construction, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Jan 4, 2011
1:10-cv-00258 LJO JLT (E.D. Cal. Jan. 4, 2011)

Opinion


MARTELLA AUCTION COMPANY, INC., Plaintiff, v. TRI STATE CONSTRUCTION, INC., ET AL., Defendants. No. 1:10-cv-00258 LJO JLT United States District Court, E.D. California. January 4, 2011

          ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 25)

          LAWRENCE J. O'NEILL, District Judge.

         On December 14, 2010, Plaintiff filed a request for default judgment against the interests of Defendants Tri State Construction, Inc. and Morton Engineering and Construction, Inc. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(19). On December 15, 2010, the magistrate judge filed findings and recommendations which were served on the parties and which contained notice to the parties that any objections to the findings and recommendations were to be filed within fourteen days. As of the date of this order, no objections to the findings and recommendations have been filed.

         The Court has conducted a de novo review of this case in accordance with 28 U.S.C. 636(b)(1)(B) and Local Rule 302. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations of the magistrate judge filed December 15, 2010, are adopted in full; and

2. Plaintiff's request for the entry of default judgment against the interests of Defendants Tri State Construction, Inc. and Morton Engineering and Construction, Inc. is granted.

         As such, this Court FURTHER ORDERS that defendants Tri State Construction, Inc. and Morton Engineering and Construction, Inc. have no interest in the funds described in the Complaint in Interpleader filed by plaintiff Martella Auction Company, Inc. in this action and that defendants Tri State Construction, Inc. and Morton Engineering and Construction, Inc. have no right to participate in further proceedings in this action.

         IT IS SO ORDERED.


Summaries of

Martella Auction Co., Inc. v. Tri State Construction, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Jan 4, 2011
1:10-cv-00258 LJO JLT (E.D. Cal. Jan. 4, 2011)
Case details for

Martella Auction Co., Inc. v. Tri State Construction, Inc.

Case Details

Full title:MARTELLA AUCTION COMPANY, INC., Plaintiff, v. TRI STATE CONSTRUCTION…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 4, 2011

Citations

1:10-cv-00258 LJO JLT (E.D. Cal. Jan. 4, 2011)