GS Holistic, LLC v. King’s Smoke Shop & Vape, et al.

Summary

The United States District Court for the Eastern District of California adopts findings and recommendations concerning plaintiff's motion for default judgment. The court denies the motion, dismisses the First Amended Complaint without prejudice, and grants plaintiff 30 days to file an amended complaint.

Holdings

1. The district court presumed the magistrate judge's factual findings correct and reviewed the magistrate judge's legal conclusions de novo.
2. The findings and recommendations were adopted in full; plaintiff's motion for default judgment was denied; the First Amended Complaint was dismissed without prejudice; and plaintiff was granted thirty days to file an amended complaint.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted where plaintiff filed no objections.
2. Whether plaintiff's motion for default judgment should be denied and the First Amended Complaint dismissed without prejudice with leave to amend.

Disposition

other