E. & J. Gallo Winery v. Cantine Rallo, S.P.A.
Opinion
Opinion
Wanger, J.
ORDER RE: REQUEST FOR RECONSIDERATION OF MAGISTRATE JUDGE’S RULING, PURSUANT TO LOCAL RULE 72-303(c) and 28 U.S.C. § 636 (b)(1)(A)
I. INTRODUCTION
E. & J. Gallo Winery (“Plaintiff’ or “E & J Gallo”) filed a complaint for trademark infringement in this court on January 22, 2004. Doc. 1. After the summons and complaint were allegedly served upon Cantine Rallo (“Defendant”) by service on January 28, 2004, on a designated representative under 15 U.S.C. § 1051 (e), default was entered on March 19, 2004. See Doc. 6. The district court granted Plaintiffs proposed judgment of permanent injunction on March 24, 2004. Doc. 7. On July 12, 2004, Defendant moved to vacate the default judgment. See Docs. 8-11. Magistrate Judge Dennis L. Beck issued Findings and Recommendations (“F & R”), recommending that the motion to vacate be granted on the grounds that the judgment was void because service was improper. Magistrate Judge Beck rejected Defendant’s alternative argument that default should be set aside for excusable neglect under Federal Rule of Civil Procedure 60(b)(1). See Doc. 36, filed Sept 22.2004.
Plaintiff timely objected to the F & R and seeks review in the district court. Doc. 36,…