Eastern Savings Bank, FSB v. McLaughlin et al

Filing 55

ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS: The Clerk of Court is respectfully DIRECTED to enter a deficiency judgment against McLaughlin in the amount provided in Judge Bloom's R&R. So Ordered by Judge Nicholas G. Garaufis on 9/16/2015. (fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

b\F

---------------------------------------------------------------------)(
EASTERN SAVIN GS BANK, FSB,
Plaintiff,

MEMORANDUM & ORDER
13-CV-1108 (NGG) (LB)

-againstALAN M. McLAUGHLIN AIKJA
ALAN MCLAUGHLIN, NEW YORK
ENVIRONMENTAL CONTROL BOARD,
BOARD OF MANAGERS OF HORIZON
VILLAGE CONDOMINIUM 3, ROBERT
HOPKINS, and ADELLA HOPKINS,
Defendants.

---------------------------------------------------------------------)(
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 and encumbering certain
real property located at 537 Willow Road, Apartment 1, in Staten Island, New York ("the
Mortgaged Premises"). (See Compl. (Dkt. 1).) Pursuant to a court Order, the Mortgaged
Premises was sold at a public auction. (See Referee Report of Sale (Dkt. 44).) On
December 15, 2014, Plaintiff moved for an order confirming the Referee's Report of Sale and
fair market value of the property and granting Plaintiff leave to enter a deficiency judgment
against McLaughlin, the only defendant who has appeared in this action. (Not. of Mot.
(Dkt. 45).) McLaughlin belatedly opposed the motion, and Plaintiff responded. (Deel. in Opp'n
to Mot. (Dkt. 48); Mem. of Law in Further Supp. of Mot. (Dkt. 49).) By Order dated
April 7, 2015, the court referred the motion for a deficiency judgment 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). (See Order (Dkt. 52).)

On August 17, 2015, Judge Bloom issued an R&R recommending that the court confirm
the Referee's Report of Sale as modified in the R&R, 1 confirm the appraiser's fair market value
of the Mortgaged Premises of $260,000, and grant leave to Plaintiff to enter a deficiency
judgment against McLaughlin in the amount of $11,875.60, plus interest at the rate of 0.11
percent from September 26, 2014, through the date of entry of any deficiency judgment, and any
interest on unpaid sums thereafter at the federal statutory rate effective at the time deficiency
judgment is entered. 2 (R&R (Dkt. 53) at 14.)
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 15 ("[T]he parties shall have fourteen (14) days from
service of this Report to file objections .... Failure to file a timely objection to this Report
waives any further judicial review.").) Therefore, the court reviews the R&R for clear error. See
Gesualdi v. Mack Excavation & Trailer Serv., Inc., No. 09-CV-2502 (KAM) (JO), 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 and accordingly GRANTS Plaintiffs motion for deficiency judgment. See Porter v.
Potter, 219 F. App'x 112 (2d Cir. 2007) (summary order).

1

Judge Bloom found that the Referee's Report of Sale incorrectly calculated the interest rate and erroneously
included an extra day in the interest calculation. (See R&R at 8-10.) Judge Bloom helpfully and accurately
recalculated the amounts due. (Id.)
2

The federal statutory interest rate is available at http://www.utd.uscourts.gov/documents/judgpage.html. As of
September 16, 2015, the federal rate is 0.39 percent.

2

The Clerk of Court is respectfully DIRECTED to enter a deficiency judgment against
McLaughlin in the amount provided in Judge Bloom's R&R.
SO ORDERED.

s/Nicholas G. Garaufis
JIJICHOLAS G. GARAU~IS
United States District Judge

Dated: Brooklyn, New York
September&_, 2015

3