Federal Deposit Insurance Corporation v. US Mortgage Corporation

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FEDERAL DEPOSIT INSURANCE
CORPORATION, in its capacity as
Receiver of AmTrust Bank,
Plaintiff,
-against-
US MORTGAGE CORPORATION,
Defendant.
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MEMORANDUM & ORDER
13-CV-517(EK)(AYS)
US MORTGAGE CORPORATION,
Third Party Plaintiff,
-against-
LAWRENCE CONDE, MARIAN CAMPA AND
MICHAEL CONDE,
Third Party Defendants.
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ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Shields’s
Report and Recommendation (R&R) dated February 9, 2026. 	ECF No.
183. 	Judge Shields recommends granting U.S. Mortgage
Corporation’s motion for default judgment against Michael Conde.
Neither party has filed objections and the time to do so has
expired. 	Accordingly, the Court reviews Judge Shields’s
recommendation for clear error on the face of the record. 	See
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Fed. R. Civ. P. 72(b) advisory committee’s note to 1983
addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman, 968
F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error in Judge
Shields’s liability and damages analyses and therefore adopt the
R&R in full as to those topics. 	Default judgment will not enter
at this time, however, given that certain third-party defendants
remain in the case. 	See Lemanche v. Tunnel Taxi Mgmt., LLC, 354
F. Supp. 3d 149, 152 (E.D.N.Y. 2019). 	USMC has previously
indicated its intention to voluntarily dismiss Marian Campa if
the Court granted default judgment against Michael Conde. 	ECF
No. 180. 	Third-party defendant Edward Christensen also remains
in the case. 	See Docket Order dated May 23, 2022. 	To the
extent USMC intends to dismiss the remaining third-party
defendants, it should submit the necessary process to effectuate
such dismissals on or before March 11. 	Judgment will enter upon
the dismissal of all other third-party defendants.
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Pursuant to Judge Shields’s recommendation, USMC also
has thirty days from the date of this order to file evidence in
support of their damages claim.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 26, 2026
Brooklyn, New York
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