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Maspeth Federal Savings and Loan Association v. Rubinstein, 17-CV-723 (CBA) (PK). (2019)

Court: District Court, E.D. New York Number: infdco20190528b56 Visitors: 15
Filed: May 23, 2019
Latest Update: May 23, 2019
Summary: NOT FOR PUBLICATION ORDER CAROL BAGLEY AMON , District Judge . Maspeth Federal Savings and Loan Association ("Maspeth") brought this interpleader action against 122 individuals who lost much of the contents of their safe deposit boxes when Maspeth's Rego Park branch was burglarized. (D.E.# 332 132.) Maspeth was able to recover $588,325.00 in cash from the floor of the vault(the "Recovered Currency")and requested that the Court enter an order setting forth how the Recovered Currency shoul
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NOT FOR PUBLICATION

ORDER

Maspeth Federal Savings and Loan Association ("Maspeth") brought this interpleader action against 122 individuals who lost much of the contents of their safe deposit boxes when Maspeth's Rego Park branch was burglarized. (D.E.# 332 ¶ 132.) Maspeth was able to recover $588,325.00 in cash from the floor of the vault(the "Recovered Currency")and requested that the Court enter an order setting forth how the Recovered Currency should be distributed. (Id. ¶¶ 14, 16.) Maspeth deposited the Recovered Currency with the Court and was discharged from further liability in this case. (D.E. #331.) The Court referred the determination of how the Recovered Currency should be distributed to the Honorable Peggy Kuo, United States Magistrate Judge. On January 10, 2019, Judge Kuo submitted a Corrected Report and Recommendation ("Corrected R&R")outlining a recommended distribution of the funds. (D.E.# 441.)

No party has objected to the R&R, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court "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). To accept those portions of the R&R to which no timely objection has been made,"a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am.Globex Fund. L.P., 823 F.Supp.2d 161,163 (E.D.N.Y. 2011)(internal quotation marks and citation omitted).

The Court has reviewed the record and, finding no clear error, adopts the Corrected R&R as the opinion of the Court. The Clerk of Court is respectfully directed to disburse the Recovered Currency from the Registry of the Court in accordance with the "Pro Rata Distribution of the Recovered Currency" table on pages five and six of the Corrected R&R. To ensure the proper distribution of the Recovered Currency, the Court grants the requests made in Docket Entries 442, 443, and 444, and instructs the Clerk of Court to disburse the funds accordingly. Once disbursement is complete, the Clerk of Court is respectfully directed to close this case.

SO ORDERED.

Source:  Leagle

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