Genworth Life and Annuity Insurance Company v. Ramisir et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATIONS. SO Ordered by Judge William F. Kuntz, II on 10/20/2017. (Tavarez, Jennifer)

filed

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

5 OCT 23 2017 ^

-X

GENWORTH LIFE AND ANNUITY

INSURANCE COMPANY,

BROOKLYN OFFICE

Interpleader Plaintiff,
ORDER

V.

16-CV-7076(WFK)
(RER)
DONNA RAMISIR,ISAAC RODRIGUEZ,
LUIS J. RODRIGUEZ,JR., ANTHONY

RODRIGUEZ, ALEXIS RODRIGUEZ,and
SHANA LEE RODRIGUEZ,

Interpleaded Defendants.
-X

WILLIAM F. KUNTZ,II, United States District Judge:

On July 27,2017, Donna Ramisir("Ramisir")filed a motion for defaultjudgment and for
the disbursement offunds that had been deposited with the Clerk of Court in this action, which

this Court referred to Magistrate Judge Ramon E. Reyes for a Report & Recommendation

("R&R"). After having reviewed Ramisir's motion. Magistrate Judge Reyes issued an R&R in
which he recommended that the Court disburse the subject funds as follows:(1)seventy-five

percent to Ramisir;(2)five percent to Anthony Rodriguez;(3)five percent to Luis Rodriguez;
(4)five percent to Alexis Rodriguez; and(5)ten percent to Shana Rodriguez, the precise values
of which to be calculated by the Clerk ofthe Court upon entry of the final judgment. R&R at 5,
ECF No. 33. No objections were filed to the R&R.

After conducting a de novo review of the record, the Court hereby ADOPTS in whole the
findings and recommendations made by Magistrate Judge Reyes in his R&R based on the
reasoning provided therein. It is therefore ORDERED that Ramisir's motion for default

judgment and for disbursement of funds is GRANTED. Is the further ORDERED that the Clerk
of Court enter final judgment in this action and disburse the deposited funds in the amounts to be

calculated as directed herein, Ramisir has advised the Court that the recipients of the funds can
receive them via the U.S. mail at the following addresses:

1. Donna Ramisir, 165 S. Wellwood Avenue, Lindenhurst, NY 11757;'
2. Anthony Rodriguez,6713 Crescent Ridge Road, Orlando, FL 32810;
3. Luis Rodriguez, 8615 Bayshore Road, Lot #59, Palmetto, FL 34221;
4. Alexis Rodriguez, 1431 Casa Rio Drive, Orlando, FL 32825; and,

5. Shana Rodriguez, 3601 Conshohocken Avenue, Apartment 426,Philadelphia, PA
19131.

See ECF No. 35. The Clerk of Court is thereafter respectfully requested to close this case.
SO ORDERED.

Dated: October 20,2017

Brooklyn, New York

s/ WFK

-^HON. WILLIAM F. KUNTZ,II
UNITED STATES DISTRICT JUDGE

'Ramisir has advised that she would like to receive a check payable to Phillips, Artura,& Cox,
Esqs. See ECF No. 35 at 2.