Fifth Third Mortgage Company v. United States Department of Veterans Affairs et al

Filing 23

ORDER - Accordingly, the June 30, 2016 Report and Recommendation is adopted in its entirety, and the Plaintiffs motion for a default judgment is granted. An executed judgment in a form substantially similar to the proposed judgment submitted by the Plaintiff will issue under separate cover. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 7/15/2016. c/ecf. (Coleman, Laurie)

United States District Court
Eastern District of New York
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Fifth Third Mortgage Company,
Plaintiff,
-againstUnited States Department of Veterans Affairs, Joyce Thomas
a/k/a Joyce Tillery, and Kathleen Murray,

FILED 
CLERK 

7/15/2016 10:41 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

ORDER
14-cv-6524(ADS)(SIL)

Defendants.
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APPEARANCES:
Solomon & Siris, P.C.
Attorneys for the Plaintiff Fifth Third Mortgage Co.
100 Quentin Roosevelt Boulevard, Suite 504
Garden City, NY 11530
By: Eric A. Zeni, Esq., Of Counsel
United States Attorney’s Office, Eastern District of New York
Attorneys for the Defendant U.S. Dept. of Veterans Affairs
610 Federal Plaza
Central Islip, NY 11722
By: Diane C. Leonardo-Beckmann
Thomas A. McFarland, Assistant U.S. Attorneys
NO APPEARANCES:
Joyce Thomas a/k/a Joyce Tillery
Defendant
Kathleen Murray
Defendant
SPATT, District Judge:
On November 5, 2014, the Plaintiff Fifth Third Mortgage Company (the “Plaintiff”)
commenced this action against the United States Department of Veterans Affairs (“USDVA”), Joyce
Thomas a/k/a Joyce Tillery (“Tillery”), and Kathleen Murray (“Murray”), seeking a declaration
establishing the parties’ respective rights and obligations in and to a parcel of real property located
in Roosevelt (the “Property”). In particular, the Plaintiff, who holds a security interest in the

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Property, seeks to close a gap in the chain of title and have the Court determine proper ownership
over the Property, so that it may enforce its mortgage lien.
On January 20, 2015, the United States Attorney’s Office appeared in this action on behalf of
the USDVA. However, the USDVA did not file an answer or otherwise respond to the complaint.
On June 22, 2015, the Clerk of Court noted the defaults of Tillery and Murray, and on
September 23, 2015, the Plaintiff moved for entry of a default judgment against them. To date, Tillery
and Murray have not opposed the Plaintiff’s motion or otherwise appeared in this action.
On September 24, 2015, the Court referred this matter to United States Magistrate Judge
Steven I. Locke for a recommendation as to whether the motion for a default judgment should be
granted, and if so, the relief to be granted.
On June 30, 2016, Judge Locke issued a Report and Recommendation (the “R&R”),
recommending that the Plaintiff’s motion for a default judgment be granted in its entirety. In
particular, among other things, Judge Locke found that a sufficient legal basis exists for declaring
that the USDVA and Tillery have no present interests in the Property; that Murray holds sole title to
the Property; and that Murray was within her rights to grant the Plaintiff the subject mortgage.
On June 30, 2016, 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.
Therefore, 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 30, 2016 Report and Recommendation is adopted in its entirety, and
the Plaintiff’s motion for a default judgment is granted.

An executed judgment in a form

substantially similar to the proposed judgment submitted by the Plaintiff will issue under separate
cover.

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The Clerk of the Court is respectfully directed to close this case.
It is SO ORDERED
Dated: Central Islip, New York
July 15, 2016

/s/ Arthur D. Spatt________________________________
ARTHUR D. SPATT
United States District Judge

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