OneWest Bank N.A. v. Dimitratos et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The court ADOPTS IN PART the January 28, 2016, R&R and, accordingly, GRANTS Plaintiff's motion for summary judgment, GRANTS Plaintiffs motion for judgment of foreclosure and sale, and GRANTS WITHOUT PREJUDICE Plaintiff's request to discontinue the action against the John Doe Defendants. The court departs from the January 28, 2016, R&R only in that the Dimitratos Defendants shall be given 90 days from the date of entry of this Order to vacate the premises. The court ADOPTS IN FULL the February 9, 2016, R&R and; accordingly, GRANTS Plaintiff's motion for default judgments against Citifinancial Company (DE) and Slomins, Inc. The Clerk of Court is respectfully DIRECTED to amend the caption to substitute CIT Bank, N.A. for One West Bank N.A., and enter judgment against all Defendants consistent with this Order. So Ordered by Judge Nicholas G. Garaufis on 2/24/2016. (fwd'd for jgm) (Lee, Tiffeny)

Dir
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ONEWEST BANK N.A.,
Plaintiff,

ORDER
14-CV-05027 (NGG) (RML)

-againstGEORGE DIMITRA TOS et al.,
Defendants.

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NICHOLAS G. GARAUFIS, United States District Judge.

On August 25, 2014, Plaintiff One West Bank N.A. filed this mortgage foreclosure action
against Defendants George and Zaharola Dimitratos (the "Dimitratos Defendants"), Citifinancial
Company (DE), Slomins, Inc., and John Doe numbers one through ten (the "John Doe
Defendants"). (Comp!. (Dkt. 1).) The Dimitratos Defendants filed an answer on
October 1, 2014. (Answer and Counterclaim (Dkt. 13).) On November 18, 2015, the Clerk of
Court noted the defaults of Defendants Citifinancial Company (DE) (Entry of Default (Dkt. 31 ))
and Slomins, Inc. (Entry of Default (Dkt. 32)). On December 17, 2015, Plaintiff filed a motion
seeking: (1) summary judgment, computation of damages, and judgment of foreclosure and sale
against the Dimitratos Defendants, (2) default judgments against Citifinancial Company (DE)
and Slomins, Inc., and (3) to amend the caption in this case to substitute CIT Bank, N.A. for
OneWest Bank N.A., and to strike the John Doe Defendants. (Not. of Mot. for Summ. J.
(Dkt. 33).) On December 18, 2015, the undersigned referred Plaintiff's motion to Magistrate
Judge Robert M. Levy 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)(I). (Order Referring Mot. (Dkt. 40).)
On January 28, 2016, Judge Levy issued an R&R recommending that the court grant
Plaintiffs motion for summary judgment against the Dimitratos Defendants as unopposed, and

approve Plaintiffs proposed judgment of foreclosure and sale. (Jan. 28, 2016, R&R (Dkt. 42)
at 3.) In addition, Judge Levy recommended that the Dimitratos Defendants be given 90 days
from the date of that R&R to vacate the premises.

(MJ Finally, Judge Levy recommended

granting Plaintiffs request to amend the caption in the case. (Id. at 3 n.l.) On February 9, 2016,
Judge Levy issued a separate R&R recommending that the court grant Plaintiffs motion for
default judgments against Defendants Citifinancial Company (DE) and Slomins, Inc.
(Feb. 9, 2016, R&R (Dkt. 43).)
No party has objected to Judge Levy's R&Rs, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also Jan. 28, 2016, R&R at 4 ("Any objections to this [R&R] must be
filed within fourteen (14) days ... in order to preserve appellate review."); Feb. 9, 2016, R&R
at 2.) Therefore, the court reviews the R&Rs 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)(I). The court finds no clear error; however, it is the court's belief that the
Dimitratos Defendants should be given 90 days from the date of entry of this Order, rather than
from the date of the January 28, 2016, R&R, to vacate their premises.
Therefore, the court ADOPTS IN PART the January 28, 2016, R&R and, accordingly,
GRANTS Plaintiffs motion for summary judgment, GRANTS Plaintiffs motion for judgment
of foreclosure and sale, and GRANTS WITHOUT PREJUDICE Plaintiffs request to discontinue
the action against the John Doe Defendants. The court departs from the January 28, 2016, R&R
only in that the Dimitratos Defendants shall be given 90 days from the date of entry of this Order
to vacate the premises. The court ADOPTS IN FULL the February 9, 2016, R&R and;

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accordingly, GRANTS Plaintiff's motion for default judgments against Citifinancial Company
(DE) and Slomins, Inc.
The Clerk of Court is respectfully DIRECTED to amend the caption to substitute CIT
Bank, N.A. for One West Bank N.A., and enter judgment against all Defendants consistent with
this Order.
SO ORDERED.

s/Nicholas G. Garaufis
Dated: Brooklyn, New York
February~ 2016

ft!..1cHOLAS G. GARAUFij;
United States District Judge

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