Ditech Financial LLC v. Singh et al

Filing 40

MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: The Court adopts MJ Gold's Report and Recommendation 39 without de novo review and grants Plaintiffs Motion for Default Judgment. Ordered by Judge Frederic Block on 9/22/2017. (Innelli, Michael)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DITECH FINANCIAL LLC, formerly
known as Green Tree Servicing LLC,
Plaintiff,
-against-

MEMORANDUM AND ORDER
15-cv-7078(FB)(SMG)

PARAMJIT SINGH, and PNC BANK
NATIONAL ASSOCIATION, successor
by merger to National City Bank,
Defendants.
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Appearances:
For the Plaintiff
Steven Rosenfeld, Esq.
Gross Polowy LLC
1775 Wehrle Dr Ste 100
Williamsville, NY 14221
BLOCK, Senior District Judge:
On September 6, 2017, Magistrate Judge Steven M. Gold issued a Report and
Recommendation (“R&R”) recommending that Plaintiff’s Motion for Default Judgment
be granted, Plaintiff be awarded $220,723.26 in outstanding principal, prejudgment
interest thereon at a rate of 6.25% per annum calculated from May 1, 2010 until the
date final judgment is entered, and costs in the amount of $980, and that the Court enter
a Judgement of Foreclosure and Sale in the form proposed by Plaintiff. No objections
have been filed to date, and Defendants’ opportunity to object has passed.
Where there are no objections, the Court may adopt the R&R without de novo

review. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts.,
Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the
consequences, failure timely to object to a magistrate’s report and recommendation
operates as a waiver of further judicial review of the magistrate’s decision.”). The Court
must conduct de novo review if it appears the magistrate judge may have committed
plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162,
174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R
without de novo review and grants Plaintiff’s Motion for Default Judgment.
SO ORDERED
/S/ Frederic Block____________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
September 22, 2017

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