Gustavia Home, LLC v. Manzanares et al

Filing 15

ADOPTION ORDER - It has been more than fourteen days since the service of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for cle ar error, and finding none, now concurs in both its reasoning and its result. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear error). Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully directed to close the case, and enter judgment in favor of the Plaintiff in accordance with the R&R. SO ORDERED by Judge Arthur D. Spatt on 9/6/2017. (Coleman, Laurie)

FILED 
CLERK 

2:47 pm, Sep 06, 2017

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------GUSTAVIA HOME, LLC,
Plaintiff,

ADOPTION ORDER
16-cv-4011 (ADS)(ARL)

-againstJUAN R. MANZANARES, REYNA L.
MANZANARES AND JOHN DOE “1”
THROUGH “12”, said persons or parties
having or claimed to have a right, title, or
interest in the mortgaged premises herein, their
respective names are presently unknown to the
plaintiff,
Defendant(s).
---------------------------------------------------------X
APPEARANCES:
The Margolin & Weinreb Law Group, LLP
Attorneys for the Plaintiff
165 Eileen Way, Suite 101
Syosset, NY 11791
By:
Alan H Weinreb, Esq., Of Counsel
NO APPEARANCES:
Juan R. Manzanares, Reyna L. Manzanares
The Defendants
SPATT, District Judge.
On July 19, 2016, the Plaintiff Gustavia Home, LLC (the “Plaintiff”) commenced this
diversity breach of contract action against the Defendants Juan R. Manzanares, Reyna L.
Manzanares, John Does “1” through “12,” (the “Defendants”), seeking foreclosure of a mortgage
and sale of a premises.
On December 1, 2016, the Plaintiff moved for a default judgment against the Defendants
Juan R. Manzanares and Reyna L. Manzanares. The Court referred the Plaintiff’s motion to
Magistrate Judge Arlene R. Lindsay on December 3, 2016.
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On August 21, 2017, Judge Lindsay issued a Report and Recommendation (the “R&R”)
recommending that the Plaintiff’s motion for default judgment be granted; and that judgment be
entered in the Plaintiff’s favor in the amount of $187,010.34.
On August 22, 2017, the Plaintiff filed proof that it served the R&R on the defaulting
Defendants.
It has been more than fourteen days since the service of the R&R, and the parties have
not filed objections.
As such, 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. See Coburn v. P.N. Fin., No. 13-CV-1006 (ADS) (SIL), 2015 WL 520346, at *1
(E.D.N.Y. Feb. 9, 2015) (reviewing Report and Recommendation without objections for clear
error).
Accordingly, the R&R is adopted in its entirety. The Clerk of the Court is respectfully
directed to close the case, and enter judgment in favor of the Plaintiff in accordance with the
R&R.
SO ORDERED.
Dated: Central Islip, New York
September 6, 2017

_/s/ Arthur D. Spatt_
ARTHUR D. SPATT
United States District Judge

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