PHH Mortgage Corporation v. Raia et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PHH MORTGAGE CORP.,
Plaintiff,
-against-
PIETRO RAIA et al.,
Defendants.
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MEMORANDUM & ORDER
25-CV-5373 (EK)(JMW)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Wicks’s Report
and Recommendation (R&R) dated February 20, 2026. 	ECF No. 26.
Judge Wicks recommends that plaintiff’s motion for default be
granted in part. 	Neither party has filed objections and the
time to do so has expired. 	Accordingly, the Court reviews Judge
Wicks’s recommendation for clear error on the face of the
record. 	See 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 and
therefore adopt the R&R in its entirety. 	Thus, plaintiff’s
motion for default judgment is granted, except as to attorneys’
fees and the appointment of a referee. 	The Clerk of Court is
respectfully directed to enter judgment as follows: (i) awarding
plaintiff damages in the amount of $435,988.91, consisting of
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unpaid principal, accrued late fees, and default interest; and
(ii) awarding plaintiff costs and disbursements in the amount of
$1,205.00. 	The Clerk of Court is further directed to remove
defendants “John Does One through Twelve” from the caption.
Plaintiff is directed to file a renewed application for
attorneys’ fees, with the required support outlined in the R&R,
by March 26. 	Also by March 26, plaintiff shall file a proposed
appointment order and either a list of qualifications for
Melissa Mohan, Esq., or three other potential referees.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	March 12, 2026
Brooklyn, New York
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