Steiner

Automattic Inc. v. Steiner

Good Law
82 F. Supp. 3d 1011·2015 WL 1022655·2015 U.S. Dist. LEXIS 24987
United States District Court, Northern District of CaliforniaMarch 2, 2015No. C 13-5413 PJHCalifornia8,853 words

Opinion

Lead Opinion

Hamilton, J.

*1016 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; ORDER GRANTING MOTION FOR DEFAULT JUDGMENT

The court has reviewed Magistrate Judge Joseph C. Spero’s report and recommendation regarding plaintiffs’ motion for default judgment. The report and recommendation was filed on October 6, 2014. During the intervening time, plaintiffs Au-tomattic, Inc. (“Automattic”) and Oliver Hotham (“Hotham”) have been attempting to serve defendant Nick Steiner (who resides in the United Kingdom) with a copy of the report and recommendation, but have to date been unsuccessful.

Although defendant was not served with the report and recommendation, and thus did not file any objections, the court is satisfied by Judge Spero’s detailed findings that the summons and complaint were properly served on defendant. There is no clear requirement in 28 U.S.C. § 636 (b) that a report and recommendation be served on the opposing party. However, the court normally requests that the moving party do so, out of an abundance of caution. In this case, given that defendant was properly served (notwithstanding the difficulty of service in the U.K. under the Hague Convention) yet chose to default, the court…

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