PMB Technical Services, LLC v. Mazoureix et al

Filing 23

ADOPTION ORDER - 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. Accordingly, the June 22, 2015 Report a nd Recommendations is adopted in its entirety, and the Plaintiffs motion for a default judgment is granted. A final Judgment and Foreclosure of Sale will be filed with the Clerk of the Court under separate cover, at which time the Clerk is respectfully directed to close this case. It is SO ORDERED by Judge Arthur D. Spatt on 9/23/2015. c/ecf Judgment Clerk. (Coleman, Laurie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PMB TECHNICAL SERVICES, LLC,
Plaintiff,

ADOPTION ORDER
14-CV-4834(ADS)(ARL)

-againstJACQUES MAZOUREIX AS TRUSTEE OF
THE SUPPLEMENTAL NEEDS TRUST
FOR PAUL MAZOUREIX; OUT EAST
ENTERPRISES INC.; TAX CORRECTION
AGENCY INC.; DISTRICT COURT OF
COUNTY OF NASSAU; JOHN DOE "1"
through "12", said persons or parties having
or claimed to have a right, title or interest in
the Mortgaged premises herein, their
respective names are presently unknown to
the Plaintiff,

FILED

IN CLERK'S orFICE
U.S. DI5T!i,CT COU''·:· ~ D fJY.

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SEP 23 2015

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LONG ISLAND OFFICE

Defendants.
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APPEARANCES:
THE MARGOLIN AND WEINREB LAW GROUP, LLP
Attorneys for the Plaintiff PMB Technical Services, LLC
165 Eileen Way, Suite 101
Syosset, NY 11791
By: Alan H. Weinreb, Esq., Of Counsel
HARRY A. WAGNER, P.C.
Attorney for the Defendant Out East Enterprises, Inc.
445 Broadhollow Road, Suite 124
Melville, NY 11747
NO APPEARANCES:
JACQUES MAZOUREIX, as the Trustee of the Supplemental Special Needs
Trust for Paul Mazoureix
Defendant
TAX CORRECTION AGENCY, INC.
Defendant

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DISTRICT COURT OF NASSAU COUNTY
Defendant
JOHN DOE "1" through "12"
Defendants
SPATT, District Judge:
On August 14, 2014, the Plaintiff PMB Technical Services, LLC ("PMB" or
the "Plaintiff') filed a complaint against the Defendant Jacques Mazoureix, as
Trustee of the Supplemental Needs Trust for Paul Mazoureix (the "Trustee"); Out
East Enterprises, Inc. ("Out East Inc."); Tax Correction Agency, Inc. ("TCI"); the
Nassau County District Court (the "NCDC"); and 12 "John Does", who are alleged to
have an interest in certain mortgaged premises involved in this matter and whose
identities are unknown to the Plaintiff. By this action, which is brought pursuant
to the New York Real Property Actions and Proceedings Law ("RPAPL") §§ 1301 et

seq., the Plaintiff seeks to foreclose on a mortgage secured by real property located
within this District.
On November 10, 2014, attorney Harry A. Wagner, Esq. filed a notice of
appearance on behalf of Out East Inc., but did not respond to the Plaintiffs
complaint.
On October 9, 2014, the Clerk of the Court noted the default of all of the
Defendants.
On December 12, 2014, the Plaintiff moved for a default judgment.
On December 15, 2014, the Court referred this matter to United States
Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the

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motion for a default judgment should be granted, and if so, whether damages should
be awarded, including reasonable attorneys' fees and costs.
On June 22, 2015, Judge Lindsay issued a Report and Recommendations (the
"R&R") recommending as follows:

(i) a default judgment be entered against the

Trustee, Out East Inc., TCI, and NCDC; (ii) the complaint be dismissed against the
unidentified John Doe Defendants; and (iii) the Plaintiff be awarded a Judgment of
Foreclosure and Sale against the Trustee, under the supervision of a referee to be
selected by this Court, with the Plaintiff submitted a revised proposed Judgment of
Foreclosure and Sale reflecting the following amounts to be awarded to the
Plaintiff: (a) principal in the amount of $275,000, (b) interest in the amount of
$89,991.09, (c) attorneys' fees in the amount of $5,250, and (d) costs in the amount
of $595. In addition, Judge Lindsay recommended that the Plaintiffs request for
$24,654.90 in advances for taxes and insurance and the Plaintiffs request for costs
of $1,125 be denied with leave to renew upon the submission of appropriate
substantiating documentation.
On July 9, 2015, the Plaintiff filed proof of service of the R&R on all of the
Defendants. More than fourteen days have elapsed since service of the R&R on the
Defendants, each of whom has failed to file an objection.
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.

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Accordingly, the June 22, 2015 Report and Recommendations is adopted in
its entirety, and the Plaintiffs motion for a default judgment is granted. A final
Judgment and Foreclosure of Sale will be filed with the Clerk of the Court under
separate cover, at which time the Clerk is respectfully directed to close this case.
It is
SO ORDERED

s/ Arthnur D. Spatt

Dated: Central Islip, New York
September 23, 2015

A~riu~ ~.·~;I;;
United States District Judge

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