2020 WL 3451580
United States District Court, E.D. California.
USA TRUCK, INC., Plaintiffs,
v.
JUGAN EXPRESS INC., et al., Defendants.
No. 1:20-cv-00158-DAD-JDP
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Signed 06/23/2020
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Filed 06/24/2020
Attorneys and Law Firms
Kathleen Collins Jeffries, Scopelitis, Garvin, Light and Hanson & Feary, LLP, Pasadena, CA, for Plaintiffs.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT, DISMISSING DOE DEFENDANTS, AND CLOSING CASE
Dale A. Drozd, UNITED STATES DISTRICT JUDGE
*1 On March 25, 2020, plaintiff USA Truck filed a motion for default judgment on its claim brought under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706, against defendant Jugan Express. (Doc. No. 10.) Plaintiff claims that defendant accepted a written request to ship $34,210.26 in wine from California to Nevada, but never completed the shipment—and that, in fact, the shipment was lost or stolen while in defendant’s possession. (Doc. No. 11.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 5, 2020, the assigned magistrate judge issued findings and recommendations, recommending that the motion for entry of default judgment be granted. (Doc. No. 11.) The findings and recommendations were served on the parties and contained notice that any objections were to be filed within fourteen (14) days of service. Id. On June 11, 2020, plaintiff filed a statement of non-opposition. (Doc. No. 12.) Defendants failed to file any objections, and the time to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c) and Local Rule 304, the court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and proper analysis.
Accordingly:
1. The findings and recommendations issued May 5, 2020 (Doc. No. 11) are adopted in full;
2. Plaintiff’s motion for default judgment against Jugan Express, Inc. (Doc. No. 10) is granted, with amounts updated to reflect additional interest and the cost of preparing for the hearing on the motion;
3. Judgment shall be entered against Jugan Express, Inc. in the amount of $40,131.23, which reflects the sum of damages, interest, and fees.
4. At plaintiff’s oral request, all Doe defendants are dismissed from this action; and
5. The Clerk of the Court is directed to enter judgment and close this case.
IT IS SO ORDERED.
All Citations
Slip Copy, 2020 WL 3451580
