Eastern Savings Bank, FSB v. McLaughlin et al

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS. Plaintiff's Motion for Summary Judgment against Defendant Alan M. McLaughlin is GRANTED. Plaintiff's motion to strike Defendant's Answer is DENIED. Plaintiff's motion to amend the caption to substitute Robert Hopkins for John Doe #1 and Adella Hopkins for John Doe #2 and to delete John Does #3-6 is GRANTED, and the Clerk of Court is directed to make these changes as captioned above. As propose d in Judge Bloom's R&R, Plaintiff is directed to file by March 4, 2014, a detailed calculation of the amount alleged to be owed by Defendant and a proposed judgment. Defendant may dispute Plaintiff's calculation and submit a propo sed counter-judgment within ten days of Plaintiff's submission. If necessary, these submissions shall be referred to Judge Bloom to conduct a damages inquest. So Ordered by Judge Nicholas G. Garaufis on 2/18/2014. (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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EASTERN SAVIN GS BANK, FSB,
Plaintiff,
ORDER

-against13-CV-1108 (NGG) (LB)

ALAN M. McLAUGHLIN A/K/A ALAN
McLAUGHLIN, NEW YORK
ENVIRONMENTAL CONTROL BOARD,
BOARD OF MANAGERS OF HORIZON
VILLAGE CONDOMINIUM 3, ROBERT
HOPKINS, and ADELLA HOPKINS,
Defendants. 1

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NICHOLAS G. GARAUFIS, United States District Judge.
On March 1, 2013, Plaintiff Eastern Savings Bank, FSB, brought this diversity action to
foreclose on a mortgage executed by Defendant Alan M. McLaughlin ("Defendant")
encumbering certain real property located at 53 7 Willow Road, Apartment 1, in Staten Island.
(See Compl. (Dkt. 1).) McLaughlin is the only defendant to have answered or appeared in this
action. (See Answer (Dkt. 5).) On September 30, 2013, Plaintiff filed a Motion for Summary
Judgment against Defendant and seeking other relief. (Pl. 's Mot. for Summ. J. (Dkt. 23).)
Defendant does not oppose the motion. (See Pl. 's Oct. 3, 2013, Ltr. (Dkt. 26).)
The court referred the motion to Magistrate Judge Lois Bloom for a Report and
Recommendation ("R&R") pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil
Procedure 72(b)(l ). (May I, 2013, Order.) On December 20, 2013, Judge Bloom issued her
R&R, recommending that Plaintiffs Motion for Summary Judgment be granted, Plaintiffs

Pursuant to the relief contained in this Order, the caption has been revised. Going forward the Clerk of
Court is respectfully directed to use the caption as set forth herein.

motion to strike Defendant's Answer be denied, and Plaintiffs motion to amend the caption be
granted. (R&R (Dkt. 27).)
No party has objected to Judge Bloom's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also R&R at 8 ("[T]he parties shall have fourteen (14) days from
service of this Report to file objections." (citations omitted).) Therefore, the court reviews the
R&R for clear error. See Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502
(KAM), 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010); La Torres v. Walker, 216 F. Supp.
2d 157, 159 (S.D.N.Y. 2000); cf. 28 U.S.C. § 636(b)(l). Finding no clear error, the court
ADOPTS IN FULL the R&R. See Porter v. Potter, 219 F. App'x 112 (2d Cir. 2007).
Accordingly, Plaintiffs Motion for Summary Judgment against Defendant Alan M.
McLaughlin is GRANTED. Plaintiffs motion to strike Defendant's Answer is DENIED.
Plaintiffs motion to amend the caption to substitute Robert Hopkins for John Doe #1 and Adella
Hopkins for John Doe #2 and to delete John Does #3-6 is GRANTED, and the Clerk of Court is
directed to make these changes as captioned above.
As proposed in Judge Bloom's R&R, Plaintiff is directed to file by March 4, 2014, a
detailed calculation of the amount alleged to be owed by Defendant and a proposed judgment.
Defendant may dispute Plaintiffs calculation and submit a proposed counter-judgment within
ten days of Plaintiffs submission. If necessary, these submissions shall be referred to Judge
Bloom to conduct a damages inquest.
SO ORDERED.

s/Nicholas G. Garaufis
NICHOLAS. G". GARAul1s
United States District Judge

Dated: Brooklyn, New York
February 1.f_, 2014

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