Ortiz v. Lucero Ag Services, Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 AZUCENA ORTIZ, et al., ) Case No.: 1:23-cv-1319 JLT EPG ) 12 Plaintiffs, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS TO 13 v. ) (1) STRIKE ANSWER OF DEFENDANT ) LUCERO AG SERVICES, INC.; (2) ENTER 14 LUCERO AG SERVICES, INC., et al., ) DEFAULT AGAINST THIS DEFENDANT; ) (3) GRANT PLAINTIFFS PERMISSION 15 Defendants. ) TO MOVE FOR DEFAULT JUDGMENT ) AGAINST THIS DEFENDANT 16 ) ) 17 ) (Doc. 78) ) 18

19 Azucena Ortiz, Gustavo Meza, and Dominga Espinoza filed this putative class action on 20 September 5, 2023, mostly alleging violations of California state labor laws. (See generally Doc. 1.) 21 On March 24, 2025, because defendant Lucero Ag Services, Inc. is no longer represented by counsel 22 and has failed to comply with court orders and defend this case, the assigned magistrate judge issued 23 Findings and Recommendations to strike Lucero Ag Services’ Answer, direct the Clerk of Court to 24 enter a default against it under Federal Rule of Civil Procedure 55(a), and permit Plaintiffs to move for 25 default judgment against this defendant. (Doc. 78.) 26 The Court served the Findings and Recommendations on the parties, including upon Lucero 27 Ag Services at its last known address, and notified them that any objections were due within 14 days. 28 (Id. at 3-4.) The Court advised the parties that the “failure to file objections within the specified time 1 || may result in the waiver of rights on appeal.” (/d., citing Wilkerson v. Wheeler, 772 F.3d 834, 838- 2 |) 39 (9th Cir. 2014).) No party filed objections. 3 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Havi 4 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 5 || by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations filed on March 24, 2025 (Doc. 78) are ADOPTE 7 in full. 8 2. The Answer of defendant Lucero Ag Services, Inc. is STRICKEN. (ECF No. 47). 9 3. The Clerk of Court is DIRECTED to enter a default as to defendant Lucero Ag 10 Services, Inc. pursuant to Federal Rule of Civil Procedure 55(a). 11 4. Plaintiffs are GRANTED permission to move for default judgment against defendant 12 Lucero Ag Services, Inc. 13 5. The Clerk of Court is DIRECTED to serve this order on both defendants Lucero Ag 14 Services, Inc., and Ricardo Ulices Lucero-Ambrosio at both of the following address: 15 (1) 529 South D Street, Madera, CA 93638; and (2) 3573 Rocky Bottom Street, Made 16 CA 93637. 17 18 ||IT IS SO ORDERED. 19! Dated: _ April 22, 2025 ( LAW ph L. wary 20 TED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28