Opinion

Metropolitan Life Insurance Company v. Giscombe

Court
District Court, E.D. New York
Filed
Nov 22, 2023
Cited by
0 cases
Authority
More cited than 26.8%

“[T]his court has ‘adopted the rule that when a party fails to object timely to a magistrate[] [judge’s] recommended decision, it waives any right to further judicial review of that decision.’” (internal quotation marks omitted

How later courts described this case

  • “[T]his court has ‘adopted the rule that when a party fails to object timely to a magistrate[] [judge’s] recommended decision, it waives any right to further judicial review of that decision.’” (internal quotation marks omitted
  • “[A] party waives appellate review of a decision in a magistrate judge’s [r]eport and [r]ecommendation if the party fails to file timely objections designating the particular issue.” (first citing Cephas, 328 F.3d at 107; and then citing Mario, 313 F.3d at 766)
  • “As a rule, a party’s failure to object to any purported error or omission in a magistrate judge’s report waives further judicial review of the point.” (quoting Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003))

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------

METROPOLITAN LIFE INSURANCE

COMPANY,

ORDER

Plaintiff, 19-CV-4463 (MKB) (SJB)

v.

ERIC GISCOMBE, ROSE SANG BROWN, THE

ESTATE OF HUGHFITZ GISCOMBE, LEONARD

SANG, HISLAND SANG a/k/a ISLYN WILKES,

and SHELLEY TILLMAN,

Defendants.

---------------------------------------------------------------

MARGO K. BRODIE, United States District Judge:

Plaintiff Metropolitan Life Insurance Company (“MetLife”) commenced the

above-captioned action against Defendants Eric Giscombe, Rose Sang Brown, the Estate of

Hughfitz Giscombe, Leonard Sang, Hisland Sang, also known as Islyn Wilkes, and Shelley

Tillman on August 2, 2019, and filed an Amended Complaint on June 10, 2020, to determine the

distribution of certain life insurance policy benefits (the “Policy Proceeds”) held in the name of

Viva M. Giscombe. (Compl., Docket Entry No. 1; Am. Compl. ¶¶ 12–33, Docket Entry No. 26.)

Pursuant to the Court’s order dated November 12, 2019, MetLife deposited the Policy Proceeds

into an escrow account for disbursement. (See Mot. for Interpleader Deposit, Docket Entry No.

5; Order dated Nov. 12, 2019, Docket Entry No. 13.)

On July 12, 2022, the Court referred this case to the EDNY-Court Annexed mediation.

(Order Adopting Report & Recommendations, Docket Entry No. 61; see also Order dated Jan. 5,

2023.) On May 23, 2023, Shelley Tillman, Eric Giscombe, and Rose Sang Brown (the “Settling

Claimants”) participated in mediation and reached a settlement. (Order dated May 30, 2023

(“Mediation Order”); Mediation Agreement, Docket Entry No. 83-1). Under the settlement,

Shelley Tillman would receive one-half of the Policy proceeds, and the living siblings of the

decedent would receive the remaining one-half. (Mediation Agreement.) Potential claimants

included: Eric Giscombe, Viva Giscombe’s brother; Rose Sang Brown, her sister; Leonard Sang,

her brother; Hisland Sang, her sister; and Hughfitz Giscombe, her brother, represented by his

Estate. (Am. Compl. ¶¶ 2–5, 7–8.) Eric Giscombe and Rose Sang Brown were the only living

siblings to participate in mediation, (Mediation Order), and no non-participating potential

claimants responded to the Court’s notices about the settlement, (see Orders dated June 1, 2023,

Docket Entry Nos. 75, 76, 77; Order dated Sept. 13, 2023, Docket Entry No. 79; Order dated

Sept. 19, 2023).

By report and recommendation dated November 6, 2023, Magistrate Judge Sanket

Bulsara recommended that the Court (1) disburse the Policy Proceeds, plus any accrued interest

in accordance with the Mediation Agreement between the Settling Claimants — specifically

$14,238.00, plus one-half the accrued interest, to Shelley Tillman; $7,119.00, plus one-fourth

accrued interest, to Eric Giscombe; and $7,119.00, plus one-fourth accrued interest, to Rose Sang

Brown — and (2) enter an order that the non-appearing claimants — Leonard Sang, Hisland

Sang, and the Estate of Hughfitz Giscombe — have defaulted and thus forfeited their claims to

the Policy Proceeds, dismissing any and all claims against them with prejudice. (Report and

Recommendation (“R&R”) 8–9, Docket Entry No. 83.)

No objections to the R&R have been filed and the time for doing so has passed.

I. Discussion

A district court reviewing a magistrate judge’s recommended ruling “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)(C). “Where parties receive clear notice of the consequences, failure to

timely object to a magistrate[] [judge’s] report and recommendation operates as a waiver of

further judicial review of the magistrate[] [judge’s] decision.” Smith v. Campbell, 782 F.3d 93,

102 (2d Cir. 2015) (quoting Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002));

see also Miller v. Brightstar Asia, Ltd., 43 F.4th 112, 120 (2d Cir. 2022) (“[T]his court has

‘adopted the rule that when a party fails to object timely to a magistrate[] [judge’s]

recommended decision, it waives any right to further judicial review of that decision.’” (internal

quotation marks omitted) (quoting Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988)));

Phillips v. Long Island R.R. Co., 832 F. App’x 99, 100 (2d Cir. 2021) (observing the same rule);

Almonte v. Suffolk County, 531 F. App’x 107, 109 (2d Cir. 2013) (“As a rule, a party’s failure to

object to any purported error or omission in a magistrate judge’s report waives further judicial

review of the point.” (quoting Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003))); Sepe v. N.Y.

State Ins. Fund, 466 F. App’x 49, 50 (2d Cir. 2012) (“Failure to object to a magistrate judge’s

report and recommendation within the prescribed time limit ‘may operate as a waiver of any

further judicial review of the decision, as long as the parties receive clear notice of the

consequences of their failure to object.’” (first quoting United States v. Male Juv., 121 F.3d 34,

38 (2d Cir. 1997); and then citing Thomas v. Arn, 474 U.S. 140, 155 (1985))); Wagner &

Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92

(2d Cir. 2010) (“[A] party waives appellate review of a decision in a magistrate judge’s [r]eport

and [r]ecommendation if the party fails to file timely objections designating the particular issue.”

(first citing Cephas, 328 F.3d at 107; and then citing Mario, 313 F.3d at 766)).

The Court has reviewed the unopposed R&R and, finding no clear error, adopts the R&R

pursuant to 28 U.S.C. § 636(b)(1).

II. Conclusion

Accordingly, the Court directs the Clerk to disburse the Policy Proceeds as follows:

$14,238.00, plus one-half the accrued interest, to Shelley Tillman at

182 SW Starfish Ave, Port St. Lucie, FL 34984;

$7,119.00, plus one-fourth accrued interest, to Eric Giscombe at 39

Summit Drive, Mount Pocono, PA 18344; and

$7,119.00, plus one-fourth accrued interest, to Rose Sang Brown at

5287 Winchester Ave, Inwood, WV 25428

In addition, the Court dismisses the action against Defendants Leonard Sang, Hisland

Sang, and the Estate of Hughfitz Giscombe with prejudice. Upon disbursement of the Policy

Proceeds, the Clerk is directed to close this case.

Dated: November 21, 2023

Brooklyn, New York

SO ORDERED:

s/ MKB

MARGO K. BRODIE

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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