First Tennessee Bank, National Association et al v. Andrews

Filing 22

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, Judge Brown's R&R is ADOPTED in its entirety and Plaintiff's motion seeking a default judgment (Docket Entry 10) is DENIED. Defendants are directed to file an Answer to the Complaint within thirty (30) days from the date of this Order. The Clerk of the Court is directed to mail a copy of this Order to Defendants at the address indicated within Defendants' affirmation in opposition to Plaintiffs motion at Docket Entry 14. So Ordered by Judge Joanna Seybert on 9/8/2016. C/ECF; C/M to Pro Se Defendants. (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
FIRST TENNESSEE BANK, NATIONAL
ASSOCIATION,
Plaintiff,
-against-

MEMORANDUM & ORDER
14-CV-6467(JS)(GRB)

GLADYS S. ANDREWS and WILLIAM H.
ANDREWS,
Defendants.
---------------------------------------X
SEYBERT, District Judge:
Pending before the Court is Plaintiff First Tennessee
Bank National Association’s (“Plaintiff”) motion seeking a default
judgment (Docket Entry 10) and Magistrate Judge Gary R. Brown’s
Report and Recommendation (“R&R”), recommending that this Court
deny Plaintiff’s motion and allow the pro se Defendants, Gladys S.
Andrews and William H. Andrews (“Defendants”) additional time to
file their Answer, (see August 10, 2016 Electronic Order).

For

the reasons that follow, the Court ADOPTS Judge Brown’s R&R in its
entirety.
BACKGROUND
Plaintiff

commenced

this

diversity

action

against

defendants on November 3, 2014, seeking damages for breach of
contract.

(Compl. ¶¶ 5-10.)

Plaintiff filed a motion for a

default judgment on January 4, 2016, (Docket Entry 10), and the
undersigned referred Plaintiff’s motion to Magistrate Judge Brown
on February 3, 2016 for an R&R.

(Docket Entry 13.)

Judge Brown issued his R&R on August 10, 2016.

Noting

that Defendants filed an affidavit in opposition to Plaintiff’s
motion, the R&R recommends that the Court deny Plaintiff’s motion
and

allow

Defendants

additional

time

to

file

their

Answer.

(August 8, 2016 Electronic Order.)
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 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 Brown’s R&R to be comprehensive, well-reasoned, and free of
clear error, and it ADOPTS the R&R in its entirety.

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CONCLUSION
For the foregoing reasons, Judge Brown’s R&R is ADOPTED
in its entirety and Plaintiff’s motion seeking a default judgment
(Docket Entry 10) is DENIED.

Defendants are directed to file an

Answer to the Complaint within thirty (30) days from the date of
this Order.
The Clerk of the Court is directed to mail a copy of
this

Order

to

Defendants

at

the

address

indicated

within

Defendants’ affirmation in opposition to Plaintiff’s motion at
Docket Entry 14.

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

September
8 , 2016
Central Islip, New York

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