Opinion
18-CV-5498 (WFK)
11-19-2019
WELLS FARGO BANK, N.A. et al., Plaintiffs, v. ACROPOLIS GARDENS REALTY CORP. et al., Defendants.
DECISION & ORDER WILLIAM F. KUNTZ, II, United States District Judge :
On August 14, 2019, non-party RL&A Services, Inc. ("RL&A"), filed a letter-motion in this now-closed mortgage foreclosure action for leave to commence a state court lawsuit against defendant-mortgagor Acropolis Gardens Realty Corp. ("AGRC"). See ECF No. 122. On August 15, 2019, the Court referred this motion to Chief Magistrate Judge Roann L. Mann for a Report and Recommendation. See ECF No. 124.
On October 2, 2019, Judge Mann filed a Report and Recommendation recommending the Court grant RL&A permission, pursuant to paragraph (nn) of the Appointment Order, to initiate a state court proceeding against AGRC, but not against the Receiver. See ECF No. 136. Objections to the Report and Recommendation were due October 16, 2019, and to date, no objections have been filed.
The Court reviews a Report and Recommendation for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). We find no such error here. The Court therefore adopts the Report and Recommendation of Judge Mann in its entirety.
SO ORDERED.
s/WFK
HON. WILLIAM F. KUNTZ, II
United States District Judge Dated: November 19, 2019
Brooklyn, New York