JDP Mortgage LLC v. Michele Ann Gosman

Filing 30

ADOPTION ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 21 Motion to Appoint Appoint Receiver/Referee; adopting Report and Recommendations as to 29 Report and Recommendations. Accordingly, the R&R (ECF No. 29) is ADOPTED in its entirety. Plaintiff's motion for the appointment of a receiver (ECF No. 21) is DENIED. So Ordered by Judge Joanna Seybert on 1/7/2021. C/ECF (Valle, Christine)

Download PDF
Case 2:19-cv-05968-JS-SIL Document 30 Filed 01/07/21 Page 1 of 2 PageID #: 334 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------X JDP MORTGAGE LLC, Plaintiff, ADOPTION ORDER 19-CV-5968(JS)(SIL) -againstMICHELE ANN GOSMAN, Defendant. -------------------------------------X APPEARANCES For Plaintiff: Adam Kalish, Esq. The Law Offices of Adam Kalish P.C. 182A 26th Street, Suite 2R Brooklyn, New York 11232 For Defendant: Christopher H. Thompson, Esq. Law Offices of Christopher Thompson 33 Davison Lane East West Islip, New York 11795 SEYBERT, District Judge: Plaintiff JDP Mortgage LLC’s (“Plaintiff”) commenced this action on October 23, 2019, alleging, among other things, that Defendant Michele Ann Gosman (“Defendant”) tortiously interfered with a mortgage that was assigned to Plaintiff. generally Compl., ECF No. 1.) (See On October 5, 2020, Plaintiff filed a motion requesting that the Court appoint a receiver to “demand, collect, receive from the tenants of the [mortgaged] property, . . . all rents, maintenance fees and or other charges relating to the property, now due and unpaid or which become due hereafter.” (Mot., ECF No. 21, at 3.) On December 21, 2020, Magistrate Judge Case 2:19-cv-05968-JS-SIL Document 30 Filed 01/07/21 Page 2 of 2 PageID #: 335 Steven I. Locke issued a Report and Recommendation recommending that the Court deny the motion. (“R&R,” ECF No. 29.) The time to object has expired and no objections to the R&R have been filed. As such, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error, and, finding none, concurs in both its reasoning and its result. See Off. Comm. of Unsecured Creditors of Exeter Holding, Ltd. v. Haltman, No. 13-CV-5475, 2020 WL 2832192, at *4 (E.D.N.Y. June 1, 2020) (reviewing a report and recommendation without objections for clear error); Coburn v. P.N. Fin., No. 13CV-1006, 2015 WL 520346, at *1 (E.D.N.Y. Feb. 9, 2015) (same). Accordingly, the R&R (ECF No. 29) is ADOPTED in its entirety. Plaintiff’s motion for the appointment of a receiver (ECF No. 21) is DENIED. SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: January 7 , 2021 Central Islip, New York 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?