AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

DITECH FINANCIAL LLC, formerly known as Green Tree Ser v. cing LLC, Plaintiff,

BLOCK, Senior District Judge

MEMORANDUM AND ORDER Appearances:
For the Plaintiff

Steven Rosenfeld, Esq.
Gross Polowy LLC
1775 Wehrle Dr Ste 100
Williamsville, NY 14221 BLOCK, Senior District Judge :



On September 6, 2017, Magistrate Judge Steven M. Gold issued a Report and Recommendation ("R&R") recommending that Plaintiff's Motion for Default Judgment be granted, Plaintiff be awarded $220,723.26 in outstanding principal, prejudgment interest thereon at a rate of 6.25% per annum calculated from May 1, 2010 until the date final judgment is entered, and costs in the amount of $980, and that the Court enter a Judgement of Foreclosure and Sale in the form proposed by Plaintiff. No objections have been filed to date, and Defendants' opportunity to object has passed.

Where there are no objections, the Court may adopt the R&R without de novo review. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court must conduct de novo review if it appears the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and grants Plaintiff's Motion for Default Judgment.

SO ORDERED

/S/ Frederic Block


FREDERIC BLOCK


Senior United States District Judge Brooklyn, New York
September 22, 2017

Use AI to get other relevant cases.

Comments

Ditech Fin. LLC v. Singh
(Sep 22, 2017)