U.S. Bank National Association, as Trustee for the Registered Holders of Wells Fargo Commercial Mortgage Securities, Inc., Multifamily Mortgage Pass-Through Certificates, Series 2018-SB51 v. Zevest Realty, LLC et al.

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s Report and Recommendation after finding no clear error and receiving no objections. The court denied the plaintiff’s motion to strike the answers of Zevest Realty, LLC and Esther Goldstein and to impose monetary sanctions.

Holdings

1. When no timely objections are filed to a magistrate judge's disposition, the district court reviews the record for clear error rather than conducting de novo review.
2. The court found no clear error, adopted the Report and Recommendation in its entirety, and denied plaintiff's motion to strike defendants Zevest Realty, LLC and Esther Goldstein's answer and impose monetary sanctions.

Questions Presented

1. What standard of review applies when no timely objections are filed to a magistrate judge's Report and Recommendation?
2. Whether the magistrate judge's Report and Recommendation contained clear error warranting rejection or modification.
3. Whether plaintiff's motion to strike defendants' answer and impose monetary sanctions should be granted.

Disposition

other