Pruco Life Insurance Company of New Jersey v. The Estate of Jeffrey Locker and Lois Locker

Filing 20

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: Accordingly, as recommended by Judge Levy, a declaratory judgment in favor of plaintiffs will be entered (1) that Pruco Term Essential 10 life insurance policy number L8 366 722, with a contra ct date of December 21, 2008, was void from its inception, and (2) that plaintiff is not obligated to pay any claims on that policy that may be submitted by the insured. The Clerk of Court is directed to enter judgment for plaintiff and to close this case. Ordered by Judge Eric N. Vitaliano on 4/16/2014. (fwd for judgment) (Fernandez, Erica)

FILED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN CLERWS OFFICE
U.S. DISTRICT ~OURT E.D.N.Y.

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PRUCO LIFE INSURANCE COMPANY OF
NEW JERSEY,
Plaintiff,

* APR 2 3 2014 *
BROOKLYN OFFICE
MEMORANDUM & ORDER

-against-

12-CV-882 (ENV)(RML)

THE ESTATE OF JEFFREY LOCKER and
LOIS LOCKER d/b/a THE LOCKER GROUP
Defendant.

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VIT ALIANO, D.J.,
Plaintiff Pruco Life Insurance Company of New Jersey filed this action on
February 22, 2012 against defendant The Estate of Jeffrey Locker and Lois Locker
d/b/a The Locker Group, seeking a declaratory judgment that Pruco Term Essential
10 life insurance policy number LS 366 722, with a contract date of December 21,
2008, and with the designated beneficiary of"JeffLocker Doing Business As The
Locker Group" was void ab initio, or, in the alternative, seeking rescission of the
policy. By Order dated March 18, 2013, this Court granted plaintiff's motion for a
default judgment and referred this matter to Magistrate Judge Robert M. Levy to
determine the appropriate judgment. On February 25, 2014, Judge Levy issued his
Report and Recommendation ("R&R"), recommending that the Court enter a
declaratory judgment that the policy was void from its inception, and that plaintiff
is not obligated to pay any claims on the policy that may be submitted by the
insured.

I

Standard of Review
In reviewing an R&R of a magistrate judge, a district judge "may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge." 28 U.S.C. § 636(b)(l). A district judge is required to "make a de
!!.QYQ determination upon the record, or after additional evidence, of any portion of

the magistrate judge's disposition to which specific written objection has been
made" by any party, Fed. R. Civ. P. 72(b). But, where no timely objection has been
made, the "district court need only satisfy itself that there is no clear error on the
face of the record" to accept a magistrate judge's report and recommendation.
Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) (quoting Nelson v.
Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)).
The R&R gave proper notice that any objection must have been filed within
14 days. Neither plaintiff nor defendant has objected to Judge Levy's R&R, much
less within the time prescribed by 28 U.S.C. § 636(b)(l). In accord with the
applicable standard of review, the Court finds Judge Levy's R&R to be correct,
well-reasoned, and free of any clear error. The Court, therefore, adopts it in its
entirety as the opinion of the Court.
Conclusion
Accordingly, as recommended by Judge Levy, a declaratory judgment in
favor of plaintiffs will be entered (1) that Pruco Term Essential 10 life insurance
policy number LS 366 722, with a contract date of December 21, 2008, was void
2

from its inception, and (2) that plaintiff is not obligated to pay any claims on that
policy that may be submitted by the insured.
The Clerk of Court is directed to enter judgment for plaintiff and to close this
case.
SO ORDERED.
Dated: Brooklyn, New York
April 16, 2014

s/Eric N. Vitaliano
-_.-~-

ERIC N. VITALIANO
United States District Judge

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