Karamath v. U.S Bank, N.A. et al

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS of Magistrate Judge Levy. Accordingly, the court GRANTS Defendants' motions to dismiss with prejudice. Ordered by Judge Nicholas G. Garaufis on 9/17/2012. (Lee, Tiffeny)

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E.D.NY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------------)(

*

SEP 2 0 2012

*

BROOKLYN OFFICE

LENORE H. KARAMA TH,
Plaintiff,

ORDER
ll-CV-1557 (NGG) (RML)

-against-

u.S. BANK, N.A., and IMPAC FUNDING
CORPORATION d/b/a IMPAC LENDING GROUP,
Defendants.

---------------------------------------------------------------------)(
NICHOLAS G. GARAUFIS, United States District Judge.
Plaintiff Lenore H. Karamath brings suit against Defendants U.S. Bank, N.A., and Impac
Funding Corporation, d/b/a Impac Lending Group, alleging common law fraud, violations of the
New York State Banking Law, and violations of the New York State General Business Law.
(Compi. (Docket Entry #1) at 8-21.) Plaintiff seeks damages, attorneys' fees, and injunctive
relief. (Compi. at 22-23.) Defendants have moved to dismiss Plaintiffs Complaint for failure to
state a claim for which relief can be granted. (Docket Entry ## 17, 21.) The court referred
Defendants' motions to Magistrate Judge Robert M. Levy for report and recommendation. (Nov.
18,2011, Order.) Judge Levy has since issued his Report and Recommendation ("R&R"), in
which he recommended granting Defendants' motions. (R&R (Docket Entry #32) at 17.)
No party has objected to Judge Levy's R&R, and the time to do so has passed. See Fed. R.
Civ. P. 72(b)(2). Accordingly, the court reviews Judge Levy's R&R for clear error. Cf. 28
U.S.C. § 636(b)(I). Having reviewed Judge Levy's R&R, the court finds no clear error and
adopts it in its entirety. See Porter v . Potter, 219 F. App 'x 112, 113 (2d Cir. 2007). Accordingly,

D/r

the court GRANTS Defendants' motions to dismiss with prejudice. The Clerk of Court is
directed to close this case.
SO ORDERED.

s/Nicholas G. Garaufis

----= . . ,

Dated: Brooklyn, New York
September ~, 2012

NICHOLAS G. GARAUFIS
United States District Judge

2

\I .
~