Opinion
Civ. No. 16-07486 (KM) (JBC)
03-12-2020
METROPOLITAN LIFE INSURANCE CO., Plaintiff, v. JANET TEIXEIRA, through her legal guardian KAREN SARTO and GABRIELA RAMIREZ Defendants.
ORDER & JUDGMENT
IT APPEARING that, on February 20, 2020, the Hon. Michael A. Hammer, Jr., U.S. Magistrate Judge, filed a Report and Recommendation (DE 37) in this interpleader action involving insurance proceeds; and
IT APPEARING that no objection to the R&R, timely or otherwise, has been filed, see Fed. R. Civ. P. 72(b); L. Civ. R. 72.1c(2); and
THE COURT having reviewed the R&R de novo despite the lack of an objection; and
IT APPEARING that Judge Hammer's reasoning is sound, and that no error of law, clear error of fact, or abuse of discretion is apparent;
IT IS THEREFORE this 12th day of March, 2020,
ORDERED that the Report and Recommendation (DE 37) is ADOPTED and AFFIRMED pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72(b)(3); and it is further
"A judge of the 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); see also U.S. v. Raddatz, 447 U.S. 667, 680 (1980) (stating that the district court judge has broad discretion in accepting or rejecting the magistrate's recommendation).
ORDERED AND ADJUDGED, for the reasons stated in the Report and Recommendation, that
(a) Default shall be entered against defendant Gabriela Ramiez;The clerk shall close the file.
(b) Judgment shall be entered in favor of defendant Karen Sarto and against defendant Gabriela Ramirez; and
(c) The $34,901.27 interpleader deposit, plus any accrued interest, shall be released to defendant Karen Sarto.
/s/ _________
KEVIN MCNULTY
United States District Judge