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)

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

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