Lopa et al v. Nationstar Mortgage, LLC et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATION. I adopt Judge Bulsara's Report and Recommendation in its entirety. I also adopt Judge Matsumoto's cogent analysis of Ms. Lopa's claims under Rule 41(b). All claims in this case are dismissed w ith prejudice. The Clerk of the Court is respectfully directed to enter judgment in favor of the defendants in this case, serve a copy of this Order and an appeals packet on Ms. Lopa at her address of record, and to close the case. Ordered by Judge Ann M. Donnelly on 6/22/2018. (Greene, Donna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

FRANK LOPA and ROSEMARIE LOPA.

Plaintiffs,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against-

14-cv-3193(AMD)
(SJB)

FILED
^District court e.d.n.y.
"A" JUN 2 2 2018 A

SAFEGUARD PROPERTIES MANAGEMENT,LLC,

IN clerk-s office

AURORA BANK (d/b/a AURORA LOAN SERVICE
Defendants.

X

^

BROOKLYN OFFICE

Ann M.Donnelly, United States District Judge:

On May 22,2014,the plaintiffs, Frank Lopa and Rosemarie Lopa,removed their

personal injury and breach of contract action against the defendants. Safeguard Properties

Management, LLC,and Aurora Bank,and Nationstar Mortgage, LLC to this Court.' (Not. of
Removal,ECF No. 1.) On May 29,2014,the plaintiffs filed a separate case in federal court,
asserting the same facts and claims as in this case; that action was assigned to the Honorable
Kiyo A. Matsumoto. See Lopa et. al v. Nationstar Mortgage, LLC et. a/., 14-cv-3324(KAM)
(SJB).

On May 16, 2018, Magistrate Judge Sanket J. Bulsara issued a sua sponte Report and
Recommendation("R&R")in both cases, recommending that I dismiss Rosemarie Lopa's claims
with prejudice pursuant to Rules 16(f) and 37 for failure to appear at pre-trial conferences and
failure to obey court orders. (R&R,ECF No.61.) Judge Bulsara also recommended that I

dismiss Frank Lopa's claims with prejudice for failure to substitute under Rule 25(a) after the
filing ofthe statement noting his death. (Jd.) Judge Bulsara ordered the parties to file objections

'
The defendant, Nationstar Mortgage, LLC, was dismissed on December 9,2014 after the parties filed a stipulation
of dismissal.(ECF No. 20.)

by June 4, 2018. (Jd.) The defendants served Ms. Lopa a copy ofthe R&R. (ECFNos.62-63.)
To date, no objections have been filed.

On June 18, 2018, Judge Matsumoto issued an order adopting Judge Bulsara's R&R in its

entirety. (See 14-cv-3324,ECF No.64.) With respect to Ms. Lopa, in addition to adopting
Judge Bulsara's analysis and recommendation pursuant to Rules 16(f) and 37, Judge Matsumoto
also analyzed Ms. Lopa's conduct under Rule 41(b), and found that the Rule 41(b)factors also
weigh in favor of dismissing her claims with prejudice. (Id.)

In reviewing a Report and Recommendation, a district court "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)(1). Where, as here, no party has objected to the magistrate judge's
recommendation,"a district court need only satisfy itselfthat there is no clear error on the face of

the record." 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)).

I have reviewed Judge Bulsara's comprehensive and well-reasoned opinion, and find no
error. Accordingly, I adopt Judge Bulsara's Report and Recommendation in its entirety. I also
adopt Judge Matsumoto's cogent analysis of Ms. Lopa's claims under Rule 41(b). All claims in

this case are dismissed with prejudice. The Clerk ofthe Court is respectfully directed to enter

judgment in favor ofthe defendants in this case, serve a copy ofthis Order and an appeals packet
on Ms. Lopa at her address of record, and to close the case.

so ORDERED.

s/Ann M. Donnelly
Ai)6 M. Donnelly
lited States District Judge
Dated: Brooklyn, New York
June 22,2018