Zamora et al v. JP Morgan Chase Bank, N.A. et al

Filing 83

ORDER. This Court adopts the Report in its entirety. The Clerk of Court is directed to issue a certificate of default to Plaintiffs. Plaintiffs may refile their motion for a default judgment by August 4, 2017. Re 81 Report and Recommendation. So ordered. (Signed by Judge William H. Pauley, III on 7/10/2017) (rjm).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

DANIEL ZAMORA, et ano.,
Plaintiffs,
-againstJP MORGAN CHASE BANK, N.A., et al.,
Defendants.

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14cv5344
ORDER

WILLIAM H. PAULEY III, District Judge:
On September 22, 2016, this Court referred the issue of whether Plaintiffs’
purported personal-service on the individual defendants—who reside in Colombia— was valid to
Magistrate Judge Sarah Netburn. On June 21, 2017, Magistrate Judge Netburn issued her Report
and Recommendation (the “Report”), finding that service on the individual defendants, Dilia
Margarita Baez and Jairo Enrique Sanchez, was effected pursuant to Articles 10(a) and 10(c) of
the Hague Service Convention. The Report recommended that this Court enter a default against
Baez and Sanchez and refer the matter for a damages inquest. No objections to the Report were
filed.
A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). In reviewing a
Report and Recommendation to which no objection has been lodged, a court “need only satisfy
itself that there is no clear error on the face of the record.” Simms v. Graham, No. 09-CV-1059,
2011 WL 6072400, at *1 (S.D.N.Y. Dec. 6, 2011).
This Court has reviewed Magistrate Judge Netburn’s thorough and well-reasoned
Report, and finds that it is not erroneous on its face. See 28 U.S.C. § 636(b)(1)(C).

Accordingly, this Court adopts the Report in its entirety.
The Clerk of Court is directed to issue a certificate of default to Plaintiffs.
Plaintiffs may refile their motion for a default judgment by August 4, 2017.
Dated: July 10, 2017
New York, New York
SO ORDERED:

_______________________________
WILLIAM H. PAULEY III
U.S.D.J.

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