Summary
The United States District Court for the Eastern District of California adopted findings and recommendations concerning Lucero Ag Services, Inc.'s failure to maintain counsel, comply with court orders, and defend the action. The court struck the company's answer, directed the Clerk to enter default under Federal Rule of Civil Procedure 55(a), and granted plaintiffs permission to move for default judgment. The order was dated April 22, 2025.
Court
United States District Court for the Eastern District of California
Jurisdiction
United States District Court for the Eastern District of California
Decision date
April 22, 2025
Docket number
1:23-cv-1319 JLT EPG
Disposition
other
Questions Presented
- Whether the district court should adopt the magistrate judge's Findings and Recommendations after conducting de novo review under 28 U.S.C. § 636(b)(1).
- Whether Lucero Ag Services, Inc.'s answer should be stricken and default entered under Federal Rule of Civil Procedure 55(a) because the company was unrepresented and failed to comply with court orders and defend the action.
- Whether plaintiffs should be permitted to move for default judgment against Lucero Ag Services, Inc.
Holdings
- The Findings and Recommendations were supported by the record and proper analysis and were adopted in full after de novo review.
- Lucero Ag Services, Inc.'s answer was stricken, and the Clerk of Court was directed to enter default against the company pursuant to Federal Rule of Civil Procedure 55(a).
- Plaintiffs were granted permission to move for default judgment against Lucero Ag Services, Inc.
Court Document
Open PDFLoading document…