Eastern Savings Bank, FSB v. Beach et al

Filing 37

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION - Judge Tomlinson's R&R is ADOPTED in its entirety. As such, Plaintiff's motion for default is GRANTED against Charles Beach, Rosemary Beach, and CLR Capital Corporation. Further, it is hereby ORDERED that John Does #1-6 are DISMISSED and excised from the caption. Finally, Plaintiff is hereby awarded the following: (1) principal in the amount of $299,822.99, with accrued interest of $88,237.66 through May 1, 2013 and & #036;77.95 in interest per diem thereafter until entry of judgment; (2) $9,880.55 in late charges; (3) $26,799.06 for the Negative Escrow Balance and $4,037.68 for accrued interest; (4) $4,710.00 in attorneys' fees; and (5) $1,555.70 in costs. The Clerk of the Court is directed to enter a Judgment consistent with this Memorandum and Order and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 3/10/2014. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
EASTERN SAVINGS BANK, FSB,
Plaintiff,
-against-

MEMORANDUM & ORDER
13-CV-0341(JS)(AKT)

CHARLES BEACH; ROSEMARY BEACH; CLR
CAPITAL CORPORATION; JOHN DOE #1;
JOHN DOE #2; JOHN DOE #3; JOHN DOE
#4; JOHN DOE #5; and JOHN DOE #6,
the last six names being fictitious
and unknown to Plaintiff, the
persons or parties intended being
the tenants, occupants, persons or
corporations, if any, having or
claiming interest upon the premises
described in the Complaint,

Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Jerold C. Feuerstein, Esq.
Jennifer Alec Tolston, Esq.
Joseph C. Vozza, Esq.
Kriss & Feuerstein, LLP
360 Lexington Avenue, Suite 1300
New York, NY 10017
For Defendants:

No appearances.

SEYBERT, District Judge:
Currently
Eastern

Savings

pending

Bank,

FSB’s

before

the

(“Plaintiff”)

Court
motion

is

plaintiff

for

default

judgment and Magistrate Judge A. Kathleen Tomlinson’s Report and
Recommendation (“R&R”).

For the following reasons, the Court

ADOPTS this R&R in its entirety.

BACKGROUND
Plaintiff commenced this action on January 22, 2013
against defendants Charles Beach, Rosemary Beach, CLR Capital
Corporation,

and

John

Does

#1-6

(collectively

“Defendants”)

pursuant to New York Real Property Actions and Proceedings Law,
§ 1301 et seq., to foreclose on a mortgage encumbering 20 Avenue
B, Kings Park, New York 11754 (the “Property”).
Plaintiff requested a certificate of default against
Charles Beach, Rosemary Beach, and CLR Capital Corporation on
April 9, 2013 (Docket Entry 23), which was entered by the Clerk
of the Court the following day (Docket Entry 24).
2013,

Plaintiff

moved

to

excise

John

Does

On May 6,

#1-6

from

the

Complaint and for default (Docket Entry 25); on August 9, 2013,
the Court referred Plaintiff’s motion to Judge Tomlinson (Docket
Entry 27).
On February 12, 2014, Judge Tomlinson issued an R&R
recommending that Plaintiff’s motion for default be granted and
that

John

caption.

Does

#1-6

be

discontinued

and

excised

from

the

She further recommends that Plaintiff be awarded: (1)

principal in the amount of $299,822.99, with accrued interest of
$88,237.66 through May 1, 2013 and $77.95 in interest per diem
thereafter
charges;

until

(3)

entry

$26,799.06

of
for

judgment;
the

2

(2)

Negative

$9,880.55
Escrow

in

Balance

late
and

$4,037.68

for

accrued

interest;

(4)

$4,710.00

in

attorneys’

fees; and (5) $1,555.70 in costs.
No

party

has

objected

to

any

portion

of

Judge

Tomlinson’s R&R.
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

recommendations

made

§ 636(b)(1)(C).

in

whole

by

the

or

in

part,

magistrate

the

judge.”

findings
28

or

U.S.C.

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.”
606,

609-10

(S.D.N.Y.

Urena v. New York, 160 F. Supp. 2d

2001)

(internal

quotation

marks

and

Here, no party objected to Judge Tomlinson’s R&R.

And

citation omitted).

the Court finds her R&R to be correct, comprehensive, wellreasoned and free of any clear error.

Accordingly, the Court

ADOPTS it in its entirety.
CONCLUSION
Judge Tomlinson’s R&R is ADOPTED in its entirety.

As

such, Plaintiff’s motion for default is GRANTED against Charles
Beach, Rosemary Beach, and CLR Capital Corporation.

Further, it

is hereby ORDERED that John Does #1-6 are DISMISSED and excised
from the caption.

Finally, Plaintiff is hereby awarded the

following:
3

(1)

principal

in

the

amount

of

$299,822.99,

with

accrued interest of $88,237.66 through May 1, 2013 and
$77.95 in interest per diem thereafter until entry of
judgment;
(2) $9,880.55 in late charges;
(3)

$26,799.06

for

the

Negative

Escrow

Balance

and

$4,037.68 for accrued interest;
(4) $4,710.00 in attorneys’ fees; and
(5) $1,555.70 in costs.
The Clerk of the Court is directed to enter a Judgment
consistent

with

this

Memorandum

and

Order

and

to

mark

matter CLOSED.
SO ORDERED.

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

March
10 , 2014
Central Islip, NY

4

this