United States of America v. Salten et al

Filing 148

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Lindsay's R&R (Docket Entry 146) in its entirety. The Government's motion (Docket Entry 139) is GRANTED IN PART and DENIED IN PART. T he Court GRANTS the Government's motion to the extent it requests the dismissal of defendants Patricia Salten and John Does #1-10, joinder of Brookhaven Memorial Hospital as a necessary defendant, and entry of a default judgment against defendan ts Margaret Salten and Brookhaven Memorial Hospital. The Government's motion is DENIED to the extent it requests the appointment of a special master to sell the Premises. The United States Marshal Service shall conduct the sale of the Premises. The Government is directed to submit a proposed Judgment of Foreclosure and Sale that conforms to the Court's directives within thirty (30) days of the date of this Memorandum and Order. The Government is also directed to serve a copy of this Memorandum and Order on Defendants and file proof of service on ECF within fourteen (14) days. The Clerk of the Court is directed to TERMINATE Patricia Salten and John Does #1-10 as defendants in this action. The Clerk of the Court is further directed to amend the caption to reflect the addition of Brookhaven Memorial Hospital as a defendant in this action. So Ordered by Judge Joanna Seybert on 3/10/2017. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
UNITED STATES OF AMERICA,
Plaintiff,

MEMORANDUM & ORDER
03-CV-0578 (JS)(ARL)

-against–
HOWARD SALTEN, MARGARET SALTEN, and if
not living their heirs-at-law, if any,
PATRICIA SALTEN, also known as
PATRICIA LYNCH, JOHN DOES #1-10,
inclusive, such names being fictitious
and unknown to Plaintiff, the persons or
parties intended being tenants, occupants,
persons, corporations, or other legal
entities, if any, having or claiming an
interest in or lien upon the premises
described in the Complaint,
Defendants.
----------------------------------------X
APPEARANCES
For Plaintiff:
Mary M. Dickman, Esq.
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
For Defendants
Howard Salten:

Howard Salten, pro se
P.O. Drawer 5066
Southampton, NY 11969

Margaret Salten:

No appearance

Patricia Salten:

No appearance

SEYBERT, District Judge:
Presently pending before the Court is Magistrate Arlene
R. Lindsay’s Report and Recommendation dated February 17, 2017,

(the “R&R,” Docket Entry 146).

For the following reasons, the

Court ADOPTS Judge Lindsay’s R&R in its entirety.
BACKGROUND
The Court presumes familiarity with the factual and
procedural history of this matter, which is set forth in the R&R.
Briefly, this is a foreclosure action related to premises located
at

215

Little

Pond

Road,

(March

“Premises”).

Fresh

2015

Order,

Southampton,
Docket

New

Entry

York

136,

(the

at

2.)

Defendant Patricia Salten (“Patricia”) executed a promissory note
and

mortgage

for

Administration,
Development.

a

the

Premises

United

States

(Order at 2.)

in

favor

agency

now

of

Farmers

known

as

Home
Rural

Defendant Howard Salten (“Howard”)

and his former spouse, defendant Margaret Salten (“Margaret”),
later purchased the Premises from Patricia and assumed the mortgage
and underlying promissory note.

(Order at 2.)

Howard is the only

defendant who answered the Complaint in this action.

(Order at

2.)
On October 25, 2006, the Court granted the Government’s
motion for summary judgment against Howard.
98.)

On

April

19,

2007,

judgment

was

(See Docket Entry

entered

against

all

Defendants, even though the Government had only moved against
Howard.

(Judgment, Docket Entry 102.)

Motion practice ensued and

on March 26, 2015, the Court granted the Government’s motion to
amend the judgment to reflect that it is against Howard only. (See
2

March 2015 Order.)

On March 31, 2015, the Clerk of the Court

entered an amended judgment against Howard.

(Am. J., Docket

Entry 137.)
On June 3, 2016, the Government filed a motion seeking
an Order: (1) dismissing Patricia and John Does #1-10 from this
action pursuant to Federal Rule of Civil Procedure 41(a)(2), (2)
joining Brookhaven Memorial Hospital (“Brookhaven”) as a necessary
defendant, (3) amending all papers, pleadings, and proceedings
accordingly, (4) entering a default judgment against Margaret and
Brookhaven, and (5) appointing a Master to sell the Premises in
one parcel.

(Pl.’s Mot., Docket Entry 139.)

The Government

alleges that it is owed a total of $90,561.54 as of May 25, 2016,
with interest continuing to accrue upon both the principal amount
and the advances.
On

(Pl.’s Br., Docket Entry 139-5, at 8.)

October

6,

2016,

the

Court

referred

Plaintiff’s

motion to Judge Lindsay for a report and recommendation. (Referral
Order, Docket Entry 144.)
issued her R&R.

On February 17, 2017, Judge Lindsay

Judge Lindsay recommends that the Court dismiss

this matter against Patricia and John Does #1-10, add Brookhaven
as a necessary party, and enter a default judgment against Margaret
and Brookhaven.

(R&R at 1-2.)

Judge Lindsay also recommends that

in light of Howard and Margaret’s joint and several liability
pursuant to the promissory note and mortgage, “rather than enter
a separate judgment against Margaret [ ], an amended judgment be
3

entered that includes Margaret [ ] and accounts for the additional
interest and advances that accrued.”

(R&R at 8.)

Finally, Judge

Lindsay recommends that the Court deny the Government’s request
that a special master be appointed and instead direct the United
States Marshal Service to sell the Premises.

(R&R at 10.)

DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or

in

part,

recommendations made by the magistrate judge.”
(1)(C).

the

findings

and

28 U.S.C. § 636(b)

If no timely objections have been made, the “court need

only satisfy itself that there is no clear error on the face of
the record.”

Urena v. New York, 160 F. Supp. 2d 606, 609-10

(S.D.N.Y. 2001) (internal quotation marks and citation omitted).
Objections were due within fourteen (14) days of service
of the R&R.

The time for filing objections has expired, and no

party has objected.

Accordingly, all objections are hereby deemed

to have been waived.
Upon careful review and consideration, the Court finds
Judge Lindsay’s R&R to be comprehensive, well-reasoned, and free
of clear error, and it ADOPTS the R&R in its entirety.
CONCLUSION
For

the

foregoing

reasons,

the

Court

ADOPTS

Judge

Lindsay’s R&R (Docket Entry 146) in its entirety. The Government’s
motion (Docket Entry 139) is GRANTED IN PART and DENIED IN PART.
4

The Court GRANTS the Government’s motion to the extent it requests
the dismissal of defendants Patricia Salten and John Does #1-10,
joinder of Brookhaven Memorial Hospital as a necessary defendant,
and entry of a default judgment against defendants Margaret Salten
and Brookhaven Memorial Hospital.

The Government’s motion is

DENIED to the extent it requests the appointment of a special
master to sell the Premises.

The United States Marshal Service

shall conduct the sale of the Premises.
The Government is directed to submit a proposed Judgment
of Foreclosure and Sale that conforms to the Court’s directives
within thirty (30) days of the date of this Memorandum and Order.
The Government is also directed to serve a copy of this Memorandum
and Order on Defendants and file proof of service on ECF within
fourteen (14) days.
The Clerk of the Court is directed to TERMINATE Patricia
Salten and John Does #1-10 as defendants in this action. The Clerk
of the Court is further directed to amend the caption to reflect
the addition of Brookhaven Memorial Hospital as a defendant in
this action.
SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

March
10 , 2017
Central Islip, New York
5