United States of America v. Sobrane et al

Filing 54

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 cl ear 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. So Ordered by Judge Arthur D. Spatt on 2/15/2017. (Coleman, Laurie)

Download PDF
FILED  CLERK    9:43 am, Feb 15, 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-4995 (ADS)(AKT) THE ESTATE OF HANNAH SOBRANE her heirs at law, ALEXANDRIA SOBRANE, IRVING SOBRANE, DEPARTMENT OF SOCIAL SERVICES, NASSAU COUNTY DEPARTMENT OF SOCIAL SERVICES, SEARS ROEBUCK & CO., JONATHAN SOBRANE, 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: The Estate Of Hannah Sobrane Her Heirs At Law, Alexandria Sobrane, Irving Sobrane, Department Of Social Services, Nassau County Department Of Social Services, Sears Roebuck & Co., Jonathan Sobrane The Defendants SPATT, District Judge. On October 13, 2011, the Plaintiff United States Of America (the “Plaintiff”) commenced this action against the Estate Of Hannah Sobrane Her Heirs At Law, Alexandria Sobrane, Irving Sobrane, Department Of Social Services, Nassau County Department Of Social Services, Sears Roebuck & Co., Jonathan Sobrane (the “Defendants”) seeking to foreclose on a Home Equity Conversion Mortgage (“HECM”) duly executed by Hannah Sobrane. The HECM was insured 1 by and ultimately assigned to the United States Secretary of Housing and Urban Development (the “Secretary”) pursuant to Section 255 of the 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 March 30, 2012, and December 29, 2014, respectively, the Clerk of the Court noted the default of the Defendants. On April 13, 2016, the Plaintiff filed a renewed motion for a default judgment against the Defendants. On April 14, 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 January 31, 2017, Judge Tomlinson issued a report and recommendation (the “R&R”) recommending that default judgment be granted, and that the Plaintiff be awarded damages in the amount of $266,304.72. 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 2 (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. SO ORDERED. Dated: Central Islip, New York February 15, 2017 __/s/ Arthur D. Spatt__ ARTHUR D. SPATT United States District Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?