Summary
adopting recommendation to award $3,500 in attorneys' fees for default judgment in foreclosure action notwithstanding the absence of contemporaneous time records
Summary of this case from Nationstar Mortg. LLC v. McCarthyOpinion
2:16-cv-05501 (ADS) (AYS)
09-27-2018
APPEARANCES: Shapiro, DiCaro & Barak, LLC Counsel for the Plaintiff 175 Mile Crossing Boulevard Rochester, NY 14624 By: John A. Dicaro, Esq., Of Counsel. John Ray & Associates Counsel for Defendant Schroff a/k/a Jennifer Mullany 122 N. Country Road Miller Place, NY 11764 By: Vesselin Venelinov Mitev, Esq., Of Counsel.
MEMORANDUM OF DECISION & ORDER
APPEARANCES: Shapiro, DiCaro & Barak, LLC
Counsel for the Plaintiff
175 Mile Crossing Boulevard
Rochester, NY 14624
By: John A. Dicaro, Esq., Of Counsel. John Ray & Associates
Counsel for Defendant Schroff a/k/a Jennifer Mullany
122 N. Country Road
Miller Place, NY 11764
By: Vesselin Venelinov Mitev, Esq., Of Counsel. SPATT, District Judge:
On October 3, 2016, plaintiff Nationstar Mortgage, LLC (the "Plaintiff") commenced this foreclosure action against defendants Justin Mullany ("Mr. Mullany"), Jennifer Schroff a/k/a Jennifer Mullany ("Ms. Schroff"), and John Doe (together the "Defendants"), seeking, among other things, to foreclose on a mortgage encumbering the real property located at 20 Bell Avenue, Blue Point, NY 11715 (the "Subject Property"). ECF 1.
After the Defendants failed to answer or otherwise respond, the Clerk of the Court entered default against them on February 12, 2018. ECF 11.
On March 9, 2018, the Plaintiff filed the instant motion for default judgment and to amend the caption to delete Defendant "John Doe." ECF 12.
On April 7, 2018, the Court referred the motion to United States Magistrate Judge Anne Y. Shields for a recommendation as to whether the motion should be granted, and if so, "the relief to afforded." Electronic Order dated 04/07/2018.
On September 10, 2018, Judge Shields issued a Report and Recommendation (the "R&R") recommending the following:
[T]he Court recommends that Plaintiff's motion to amend the caption and dismiss Defendant John Doe be granted. The Court further recommends that the motion for default judgment be granted and that Plaintiff be awarded:ECF 18 at 15-16.
1) $321,443.27 to recover for the unpaid principal balance under the Note;
2) $35,998.39 to recover for unpaid interest through the date of this Report and Recommendation;
3) Per diem pre-judgment interest in the amount of $45.13 per day until judgment is entered;
4) Post-judgment interest pursuant to 28 U.S.C. § 1961(a);
5) $2,010.00 to recover for costs and disbursements; and
6) $3,500 in attorneys' fees.
The Court further recommends that an Order similar to Plaintiff's Proposed Judgment of Foreclosure and Sale, but consistent with the instant Report and Recommendation, be entered and that a referee be appointed to effectuate the sale.
The Plaintiff filed proof of service on September 12, 2018. ECF 19.
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 Plaintiff's motion to amend the caption and dismiss Defendant John Doe is granted. The Plaintiff's motion for default judgment is granted. The Plaintiff is awarded damages in the amounts explained in the R&R, and is directed to file a revised Proposed Judgment of Foreclosure and Sale consistent with the R&R. SO ORDERED. Dated: Central Islip, New York
September 27, 2018
/s/ Arthur D. Spatt
ARTHUR D. SPATT
United States District Judge