Summary
The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations after no objections were filed. The court granted Peak Foreclosure Services Inc.’s amended motion to set aside default and directed the Clerk to set aside the entry of default.
Topics
Practice areas
Questions Presented
- Whether the magistrate judge's findings and recommendations should be adopted after no party filed objections.
- Whether Defendant Peak Foreclosure Services Inc.'s amended motion to set aside the entry of default should be granted.
Holdings
- The district court adopted the magistrate judge's findings and recommendations in full because they were supported by the record and proper analysis, and no objections were filed.
- Peak Foreclosure Services Inc.'s amended motion to set aside default was granted, and the Clerk was directed to set aside the defendant's entry of default.
Factual background
Plaintiffs David Avila and John Hayne filed the underlying action against NewRez, LLC, doing business as Shellpoint Mortgage Servicing, and other defendants. Peak Foreclosure Services Inc. had an entry of default and moved to set it aside. The magistrate judge recommended granting the amended motion, and no objections were filed.
Procedural history
Plaintiffs David Avila and John Hayne filed the action, which was referred to a magistrate judge under 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The magistrate judge issued findings and recommendations on March 10, 2025; no party objected within the prescribed fourteen-day period. The district court reviewed the record, adopted the findings and recommendations in full, granted Peak Foreclosure Services Inc.'s amended motion to set aside default, and ordered the entry of default set aside.