Wilmington Savings Fund Society, FSB v. Amsterdam et al

Filing 40

MEMORANDUM AND ORDER - The Court grants BHMPW's motion for default judgment as to Carr. The Court denies BHMPW's motion for default judgment as to Amsterdam and NCB, who, having been served with the SAC, may continue to defend against its allegations. Accordingly, Amsterdam's cross-motion is denied as moot. Finally, BHMPW's request to amend the caption is granted, and is reflected herein. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Carol Bagley Amon on 2/28/2017. (Marziliano, August) Modified on 3/1/2017 to change the text to Memorandum and Order(Marziliano, August).

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
X

BHMPW FUNDING NJ LLC,
Plaintiff,

-against-

NOT FOR PUBLICATION
MEMORANDUM & ORDER

LORNA AMSTERDAM,NATIONAL CITY

^ 5-CV-1244(CBA)
(RER)

BANK,and MAGGIE CARR,
Defendants.
X

AMON,United States District Judge:
Wilmington Savings Fund

Society, FSB ("Wilmington")—Plaintiff BHMPW's

predecessor in interest—obtained an entry of default on April 24, 2015 against Defendants Loma

Amsterdam and National City Bank ("NCB")for failing to answer, move, or appear in response

to Wilmington's March 11, 2015 complaint within the requisite time under Federal Rule of Civil
Procedure Rule 55(a). Thereafter, Wilmington obtained leave from Magistrate Judge Reyes to file

a Second Amended Complaint("SAC")—which it did on July 23, 2015—substituting in Maggie
Carr as a defendant. (D.E. # 20.) Wilmington properly served the SAC upon Carr, but did not
repeat service upon Amsterdam or NCB. (D.E. #21.) Wilmington then assigned the note and
mortgage encumbering the property at issue to BHMPW, who substituted in as plaintiff in this
action and who obtained an entry of default against Carr. (D.E.# 23, 26.) In the instant motion,

BHMPW seeks default judgment of foreclosure and sale against Amsterdam and NCB for
$ 1,015,280.80 as well as an order barring and foreclosing all defendants from the mortgaged

property. (D.E. # 27.) Amsterdam cross-moves to vacate her default. (D.E. # 35.) The Court
referred both motions to the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge for
Report and Recommendation ("R&R").

The Court has received Magistrate Judge Reyes' R&R, recommending that BHMPW's
motion for default judgment be granted in part and denied in part, and that Amsterdam's
cross-motion to vacate the default entered against her be denied as moot. (See D.E.# 36.) Neither
party has objected to the R&R's recommendation that defaultjudgment be entered against Carr or

the conclusion that Amsterdam and NCB should be permitted to continue to defend against the
SAC. The Court therefore grants BHMPW's motion for defaultjudgment as to Carr. The Court
denies BHMPW's motion for default judgment as to Amsterdam and NCB, who, having been
served with the SAC, may continue to defend against its allegations. Accordingly, Amsterdam's
cross-motion is denied as moot. Finally, BHMPW's request to amend the caption is granted, and
is reflected herein. The Clerk of Court is directed to enterjudgment accordingly.

SO ORDERED.

Dated:

,2017

Brooklyn, New York

S/ Carol B Amon

Carol Bagle

United State

Judge