Schwartz v. Schwartz et al
| Robert I. Schwartz |
| John Doe Nos. "1-10" and Richard A. Schwartz |
| 2:2016cv02743 |
| May 31, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Contract Default |
| None |
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Filing
42
ORDER ADOPTING REPORT AND RECOMMENDATIONS. On August 28, 2017, Judge Shields issued a Report and Recommendation (the R&R), recommending that the Plaintiff's motion for summary judgment be granted, and that the Defendant's affirmative defens es by dismissed with prejudice. Judge Shields further recommended that the Court grant the Plaintiff's motion to amend the caption to substitute Jackie Schwartz for John Doe No. 1 and to strike the Defendants John Doe No. 2 through John Doe No. 10 from the caption and dismiss them from this action. Finally, Judge Shields recommended that the Court deny without prejudice the Plaintiff's motion for default judgment against Jackie Schwartz, with leave to renew within 30 days of the Distri ct Courts adoption order after obtaining a certificate of default from the Clerk of the Court. It has been more than fourteen days since the filing of the R&R, and the parties have not filed objections. As such, pursuant to 28 U.S.C. § 636(b) an d 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. So Ordered by Judge Arthur D. Spatt on 9/12/2017. (Fell, Christopher)
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