OneWest Bank, N.A. v. Zahtila et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed Judge Lindsay's January 23, 2017, Report and Recommendation for clear error, and finding none, now concurs in both it s reasoning and its result and adopts the Report and Recommendation as if set forth herein. Accordingly, IT IS HEREBY ORDERED that the May 11, 2016 Certificate of Default is vacated as to defendant Zahtila and Zahtila shall have thirty (30) days fro m the date of this Order to answer, move or otherwise respond to the complaint; and IT IS FURTHER ORDERED that plaintiffs motion for a default judgment against defendant GE Money Bank extinguishing GE Money Banks lien is granted; entry of said judgment, however, shall await the determination of all claims in this action. Ordered by Judge Denis R. Hurley on 2/7/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ONEWEST BANK, N.A.,
Plaintiff,
-against-

MEMORANDUM & ORDER
15-CV-2405

GROZDANA ZAHTILA, Individually and
as Surviving Spouse of ERMINIO ZAHTILA,
and GE MONEY BANK,
Defendants.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated January 23, 2017, of
Magistrate Judge Arlene R. Lindsay recommending that (1) the May 11, 2016 Certificate of
Default be vacated as to defendant Grozdana Zahtila (“Zahtila”) and Zahtila be given thirty days
to answer, move or otherwise respond to the complaint and (2) that plaintiff’s motion for default
judgment be granted as to defendant GE Money Bank. More than fourteen days have elapsed
since service of the Report and Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report
and Recommendation for clear error, and finding none, now concurs in both its reasoning and its
result and adopts the January 23, 2017 Report and Recommendation of Judge Lindsay as if set
forth herein. Accordingly,
IT IS HEREBY ORDERED that the May 11, 2016 Certificate of Default is vacated as
to defendant Zahtila and Zahtila shall have thirty (30) days from the date of this Order to answer,
move or otherwise respond to the complaint; and
IT IS FURTHER ORDERED that plaintiff’s motion for a default judgment against

defendant GE Money Bank extinguishing GE Money Bank’s lien is granted; entry of said
judgment, however, shall await the determination of all claims in this action.
Dated: Central Islip, N.Y.
February 7, 2017

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge