Summary
The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations concerning defendants’ motion to set aside a default judgment. Because no objections were filed and the findings were supported by the record and proper analysis, the court denied the motion.
Topics
Practice areas
Questions Presented
- Whether defendants' motion to set aside the default judgment should be granted.
Holdings
- The motion to set aside the default judgment is denied because the magistrate judge's findings and recommendations recommending denial are supported by the record and proper analysis.
Key quotations
“Defendants’ motion to set aside default judgment (Doc. 37) is DENIED.” (Conclusion and Order ¶ 2)
Factual background
The United States initiated the action to enforce the Fair Housing Act on behalf of Angela McGinnis. The district court entered default judgment against the defendants on October 28, 2024. Defendants, through newly noticed counsel, moved to set aside the default judgment on November 25, 2024, but did not object to the magistrate judge's recommendation that the motion be denied.
Procedural history
The United States brought an action under Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, against Javier Salazar Jr., Javier Salazar Sr., and Ricardo Covarrubias. On October 28, 2024, the district court granted the United States' motion for default judgment. Defendants later moved to set aside the judgment. The magistrate judge recommended denying that motion, and the district court adopted the recommendation in full after de novo review.