United States of America v. Callard et al

Filing 82

ADOPTION ORDER - It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for cle ar error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to enter judgment for the Plaintiff in accordance with the R&R, and to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 2/21/2017. (Coleman, Laurie)

FILED 
CLERK 

2:01 pm, Feb 21, 2017

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

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

ADOPTION ORDER
11-cv-4819 (ADS)(AKT)

JOCELYN CALLARD, MARGARET
CALLARD, LOUIS CALLARD, EDWARD
CALLARD, JOSEPH DIAZ, RICHARD DIAZ,
EDWARD DIAZ, THE ESTATE OF PIERRE
CALLARD his heirs at law
Defendants.
---------------------------------------------------------X
APPEARANCES:
Mullen & Iannarone, P.C.
Attorneys for the Plaintiff
300 East Main Street
Suite 3
Smithtown, NY 11787
By:
Dolores M Iannarone, Esq.,
Liberatore Joseph Iannarone, Esq., Of Counsel
NO APPEARANCES:
Jocelyn Callard, Margaret Callard, Louis Callard, Edward Callard, Joseph Diaz, Richard
Diaz, Edward Diaz, the Estate of Pierre Callard his heirs at law
The Defendants

SPATT, District Judge.
On October 3, 2011, the Plaintiff United States Of America (the “Plaintiff”) commenced
this action Jocelyn Callard, Margaret Callard, Louis Callard, Edward Callard, Joseph Diaz,
Richard Diaz, Edward Diaz, the Estate of Pierre Callard his heirs at law (the “Defendants”)
seeking to foreclose on a Home Equity Conversion Mortgage (“HECM”) duly executed by
Hannah Sobrane. The HECM was insured by and ultimately assigned to the United States
Secretary of Housing and Urban Development (the “Secretary”) pursuant to Section 255 of the
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National Housing Act (“NHA”), 12 U.S.C. § 1715z-20, which authorizes the Secretary to “carry
out a program of mortgage insurance designed to meet the special needs of elderly homeowners .
. . through the insurance of home equity conversion mortgages to permit the conversion of a
portion of accumulated home equity into liquid assets[.]” 12 U.S.C. § 1715z-20
On August 21, 2014, the Clerk of the Court noted the default of the Defendants.
On June 9, 2016, this Court referred the Plaintiff’s motion for default judgment to United
States Magistrate A. Kathleen Tomlinson for a report and recommendation as to whether the
default judgment should be granted and, if so, whether damages should be awarded.
On February 1, 2017, Judge Tomlinson issued a report and recommendation (the “R&R”)
recommending that default judgment be granted; that the Plaintiff be awarded the account
balance of $138,777.57; that the Plaintiff be awarded $3,034.00 in costs incurred; and that a
judgment of foreclosure and sale be signed. The Plaintiff filed proof of service of the R&R to
the Defendants on February 2, 2017.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.
As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this
Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning
and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is directed to
enter judgment for the Plaintiff in accordance with the R&R, and to close this case.

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SO ORDERED.
Dated: Central Islip, New York
February 21, 2017

_/s/ Arthur D. Spatt_
ARTHUR D. SPATT
United States District Judge

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