First Tennessee Bank, National Association et al v. Andrews
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
FIRST TENNESSEE BANK, NATIONAL
MEMORANDUM & ORDER
GLADYS S. ANDREWS and WILLIAM H.
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).
the reasons that follow, the Court ADOPTS Judge Brown’s R&R in its
defendants on November 3, 2014, seeking damages for breach of
(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.
that Defendants filed an affidavit in opposition to Plaintiff’s
motion, the R&R recommends that the Court deny Plaintiff’s motion
(August 8, 2016 Electronic Order.)
In reviewing an R&R, a district court “may accept,
recommendations made by the magistrate judge.”
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
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 time for filing objections has expired, and no party
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.
[BOTTOM OF PAGE INTENTIONALLY LEFT BLANK]
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
The Clerk of the Court is directed to mail a copy of
Defendants’ affirmation in opposition to Plaintiff’s motion at
Docket Entry 14.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
8 , 2016
Central Islip, New York
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