The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MISS JONES LLC,
Plaintiff ORDER
17-CV-898 (NGG) (VMS)
-against-
AL-VAUGHN BROWN; MIDLAND FUNDING LLC;
CREDIT ACCEPTANCE CORP.; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY PARKING VIOLATIONS BUREAU; and NEW
YORK CITY TRANSIT ADJUDICATION BUREAU,
Defendants.
NICHOLAS G. GARAUFIS, United States District Judge.
Plaintiff Miss Jones LLC brings this action against Defendants Al-
Vaughn Brown, Midland Funding LLC, Credit Acceptance Corp., New
York City Environmental Control Board, New York City Parking Viola-
tions Bureau,1 and New York City Transit Adjudication Bureau, seeking
to foreclose on a mortgage encumbering real property at 997 Sche-
nectady Avenue, Brooklyn, New York (the “Property”). Pending before
the court is Plaintiff’s motion for default judgment, which the court
referred to Magistrate Judge Vera M. Scanlon for a report and recom-
mendation (“R&R”). (See Mot. for Default Judgment (Dkt. 35); Sept. 9,
2019 Order Referring Mot.) Judge Scanlon issued the annexed R&R on
August 14, 2020, recommending that the court (i) order the foreclo-
sure and sale of the Property, and the appointment of a referee to be
identified by the court after additional submissions; (ii) enter a default
judgment for damages against defendant Al-Vaughn Brown and in fa-
vor of Plaintiff for $144,573.09 as of September 9, 2019, with further
accrued interest awarded at the per diem rate of $22.03 until the date
of judgment; (iii) deny Plaintiff’s motion as against Midland Funding
1 Plaintiff voluntarily dismissed this action as against the defendant New York
City Parking Violations Bureau on or about September 6, 2019. (Dkt. 36.)
LLC, Credit Acceptance Corp., New York City Environmental Control
Board, and New York City Transit Adjudication Bureau;2 and (iv) re-
quire Plaintiff to propose three referees by letter within 21 days of the
adoption of the R&R. (R&R (Dkt. 43) at 20-21.)
No party has objected to Judge Scanlon’s R&R, and the time to do so
has passed. See Fed. R. of Civ. P. 72(b)(2). Therefore, the court reviews
the R&R for clear error. See Gesualdi v. Mack Excavation & Trailer Serv.,
Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1 (E.D.N.Y. Mar.
15, 2010); La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000).
Having found none, the court ADOPTS the R&R in relevant part3 and,
as recommended by Judge Scanlon, (i) ORDERS the foresclosure and
sale of the Property and the appointment of a referee to be identified
by the court after additional submissions; (ii) ENTERS a default judg-
ment for damages against defendant Al-Vaughn Brown and in favor of
Plaintiff for $152,614.04;4 and (iii) DIRECTS Plaintiff to propose by let-
ter to the court three referees, with a brief description of their
qualifications, by September 29, 2020.
SO ORDERED.
2 Following the entry of Judge Scanlon’s R&R, Plaintiff voluntarily dismissed this
action as against the defendants Midland Funding LLC, Credit Acceptance Corp.,
New York City Environmental Control Board, and New York City Transit Adjudi-
cation Bureau. (Dkt. 44.)
3 The court dismisses (rather than denies, as recommened by Judge Scanlon) the
motion as against defendants Midland Funding LLC, Credit Acceptance Corp.,
New York City Environmental Control Board, and New York City Transit Adjudi-
cation Bureau, in light of Plaintiff’s voluntary dismissal of its action against those
defendants.
4 Judge Scanlon recommended judgment in the amount of $144,573.09 as of
September 9, 2019, as well as further accrued interest awarded at the per diem
rate of $22.03 until the date of judgment. 365 days have elapsed between Sep-
tember 9, 2019 and the date of judgment, September 8, 2020. The court
therefore awards interest in the amount of $8,040.95.
Dated: Brooklyn, New York
September 8, 2020
_/s/ Nicholas G. Garaufis_
NICHOLAS G. GARAUFIS
United States District Judge