West Coast 2014-7, LLC v. Lewis et al

Filing 24

MEMORANDUM & ORDER: SO ORDERED that Judge Browns R&R (Docket Entry 22) is ADOPTED in its entirety. Plaintiff's motion for entry of a default judgment (Docket Entry 16) is GRANTED. The Court will execute the Proposed Judgment of Foreclosure and S ale forthwith and appoints Kathryn C. Cole, Esq., 1320 RXR Plaza, Uniondale, New York 11556 to serve as referee. Additionally, Capital One Bank, USA, N.A.'s lien is hereby extinguished pursuant to Article 15 of the New York Real Property Actions and Proceedings Law. Plaintiff is directed to serve a copy of this Memorandum and Order on Defendants and file proof of service on ECF within five days. The Clerk of the Court is directed to TERMINATE John Doe 1-12 as defendants in this action. Further, upon entry of the Judgment of Foreclosure and Sale, the Clerk of the Court is directed to mark this case CLOSED. Ordered by Judge Joanna Seybert on 9/25/2017. (CM to referee) (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
WEST COAST 2014-7, LLC,
Plaintiff,
-againstDOUGLAS LEWIS, JOYCE LEWIS a/k/a
JOYCE E. LEWIS, CAPITAL ONE BANK USA,
N.A., and JOHN DOE 1-12,

MEMORANDUM & ORDER
15-CV-4759(JS)(GRB)
FILED 
CLERK 

9/25/2017 9:51 am

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

Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Alan H. Weinreb, Esq.
The Margolin & Weinreb Law Group, LLP
165 Eileen Way, Suite 101
Syosset, NY 11791
For Defendants:

No appearances

SEYBERT, District Judge:
Pending before the Court are: (1) West Coast 2014-7’s
(“Plaintiff”) motion for entry of a default judgment (Default Mot.,
Docket Entry 16) and (2) Magistrate Judge Gary R. Brown’s Report
and Recommendation (“R&R”) (R&R, Docket Entry 22) recommending
that this Court grant Plaintiff’s motion.

Specifically, Judge

Brown recommends that the Court execute the Proposed Judgment of
Foreclosure and Sale (Proposed Judgment, Docket Entry 16-6) and
appoint Kathryn C. Cole, Esq. as referee to effectuate the sale of
the property.

For the following reasons, the Court ADOPTS Judge

Brown’s R&R in its entirety.

BACKGROUND
Plaintiff
August 14,

commenced

2015.

(Compl.,

this

Docket

foreclosure
Entry

1.)

action

After

on

several

attempts, Plaintiff was able to serve Defendants, but Defendants
failed to appear.

(See Entry of Default, Docket Entry 15.)

On

February 2, 2017, Plaintiff filed a motion for entry of a default
judgment

of

foreclosure

and

sale.

(See

Default

Mot.)

The

undersigned referred the motion to Judge Brown on April 12, 2017
for a report and recommendation on whether the motion should be
granted and, if necessary, to determine the appropriate amount of
damages, costs and/or fees to be awarded.

(Referral Order, Docket

Entry 17.)
On August 30, 2017, Judge Brown issued his R&R.

He

recommends that: (1) the Court grant the motion for entry of a
default judgment against Defendants Douglas Lewis, Joyce Lewis,
and Capital One Bank USA, N.A. and execute the Proposed Judgment
of Foreclosure and Sale; (2) the Court appoint Kathryn C. Cole,
Esq. to serve as referee; (3) the Court decree that the lien of
Capital One Bank USA, N.A. is invalid and extinguished; and (4)
John Does 1-12 be terminated as Defendants in this action.

(R&R

at 1-3.)
DISCUSSION
In reviewing an R&R, a district court “may accept,
reject,

or

modify,

in

whole

or
2

in

part,

the

findings

and

recommendations

made

by

the

magistrate

judge.”

28

U.S.C.

§ 636(b)(1)(C). 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 (14) 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.
CONCLUSION
Judge Brown’s R&R (Docket Entry 22) is ADOPTED in its
entirety.

Plaintiff’s motion for entry of a default judgment

(Docket Entry 16) is GRANTED.

The Court will execute the Proposed

Judgment of Foreclosure and Sale forthwith and appoints Kathryn C.
Cole, Esq., 1320 RXR Plaza, Uniondale, New York 11556 to serve as
referee.

Additionally, Capital One Bank, USA, N.A.’s lien is

hereby extinguished pursuant to Article 15 of the New York Real
Property Actions and Proceedings Law.
Plaintiff is directed to serve a copy of this Memorandum
and Order on Defendants and file proof of service on ECF within
five days.

The Clerk of the Court is directed to TERMINATE John
3

Doe 1-12 as defendants in this action.

Further, upon entry of the

Judgment of Foreclosure and Sale, the Clerk of the Court is
directed to mark this case CLOSED.

SO ORDERED.

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

September
25 , 2017
Central Islip, New York

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