OneWest Bank, N.A. v. Serbones et al

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS with two modifications. First, because counsel failed to submit contemporaneous time records, attorneys' fees are denied. Second, the Court corrects the following clerical error: in ac cordance with the first paragraph on page 12 of the Report and Recommendation, the table contained in the second paragraph on page 12 should reflect an award of damages for broker price opinion and appraisal fees in the amount of $2,150.00, not $2,468.00 as stated therein. So Ordered by Judge Raymond J. Dearie on 3/31/2016. (fwd'd for jgm) (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ONEWEST BANK, N.A.,

ORDER ADOPTING REPORT
AND RECOMMENDATION

Plaintiff,
14-CV-7281 (RJD) (MDG)
- against PATRICIA SERBONES, et al.,
Defendants.

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DEARIE, District Judge
The Report and Recommendation of Magistrate Judge Marilyn D. Go, dated March 7,
2016, ECF No. 25, is adopted with two modifications. First, because counsel failed to submit
contemporaneous time records, attorneys' fees are denied. See Scott v. Citv of New York, 626
F.3d 130, 133-34 (2d Cir. 2010); New York State Ass'n for Retarded Children, Inc., v. Carey,
711 F.2d 1136, 114 7-48 (2d Cir. 1983). Second, the Court corrects the following clerical error:
in accordance with the first paragraph on page 12 of the Report and Recommendation, the table
contained in the second paragraph on page 12 should reflect an award of damages for broker
price opinion and appraisal fees in the amount of$2,150.00, not $2,468.00 as stated therein.
SO ORDERED.
Dated: Brooklyn, New York
March 31, 2016

s/Raymond J. Dearie