Sierra School Equipment Company v. Lafayette Life Insurance Company

Opinion

SIERRA SCHOOL EQUIPMENT Case No. 1:23-cv-01496-JLT-CDB COMPANY, ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS GRANTING MOTION TO SET ASIDE CLERK’S ENTRY OF DEFAULTS AGAINST DEFENDANTS v. PENSIONLABS INCORPORATED AND MICHAEL HOLMAN COMPANY, et al. (Doc. 26)

Defendants. Sierra School Equipment Company initiated this action in Kern County Superior Court, which asserts breach of contract and related claims concerning the marketing and provision of pension plans. (Doc. 1.) Defendant Lafayette Life Insurance Company removed the case to this Court based on diversity jurisdiction. (Id.) On November 29, 2023, at Plaintiff’s request, the Clerk of Court entered default as to Pensionlabs Incorporated and Michael Holman. (Docs 11-12, 15-16.) On January 8, 2024, the assigned magistrate judge issued Findings and Recommendations concluding that Pensionlabs and Holman’s motion to set aside the default should be granted. (Doc. 26.) The Court served the Findings and Recommendations on all parties and notified them “failure to file objections within the specified time may result in the waiver of rights on appeal.” Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) No party filed objections or any other response, and the deadline to do so has passed. According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations (Doc. 26) are ADOPTED IN FULL. 2. The motion filed by Pensionlabs Incorporated and Michael Holman to set aside the Clerk of the Court’s entry of default (Doc. 18) is GRANTED, and the default is SET ASIDE as to each defendant. 3. Pensionlabs Incorporated and Michael Holman responsive pleading SHALL be filed within 14 days of entry of this order. Dated: _ January 25, 2024 Cerin | Tower TED STATES DISTRICT JUDGE