Windward Bora LLC v. Argueta et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WINDWARD BORA LLC,
Plaintiff,
-against- 	ORDER
22-CV-5236 (JMA) (ARL)
ADIN ARGUETA, IRMA REYES and SUNRUN,
INC.,
Defendants.
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AZRACK, United States District Judge:
Plaintiff Windward Bora LLC (“Windward”) commenced this mortgage foreclosure action
against Defendants Adin Argueta, Irma Reyes, and Sunrun, Inc., (collectively “Defendants”), on
September 1, 2022. (See Compl., ECF No. 1.) On March 6, 2025, the parties filed cross-motions
for summary judgment. (ECF Nos. 41-43.) On October 21, 2025, this Court referred the parties’
motions to Magistrate Judge Arlene R. Lindsay for a Report and Recommendation (“R&R”). (See
Elec. Order dated Oct. 21, 2025.)
Before this Court are the parties’ cross-motions for summary judgment and Judge
Lindsay’s R&R, which recommends that both motions be denied. (ECF No. 45.) No objections
to the R&R have been filed; the time for doing so has expired.1 For the reasons stated below, the
R&R is adopted in its entirety.
A district court may “accept, reject, or modify, in whole or in part, the findings or
1 Objections to the R&R were originally due December 24, 2025. (See ECF No. 45 at 12-13) (“Any objections to this
Report and Recommendation must be filed with the Clerk of the Court with a courtesy copy to the undersigned within
14 days. Failure to file objections within this period waives the right to appeal the District Court’s Order.”) (citing 28
U.S.C. § 636(b)(1); Fed R. Civ. P 72; Mejia v. Roma Cleaning, Inc., No. 17-3446, 2018 U.S. App. LEXIS 28235,
2018 WL 4847199, at *1 (2d Cir. Oct. 5, 2018) (“Plaintiff has waived any objections to the Magistrate’s finding” by
failing to timely object); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C.,
596 F.3d 84, 92 (2d Cir. 2010); Beverly v. Walker, 118 F.3d 900, 902 (2d Cir. 1997)).
FILED
CLERK
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
3/4/2026 4:29 pm
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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); see also F ED. R. C IV. P.
72(b)(3); Grassia v. Scully, 892 F.2d 16, 19 (2d Cir. 1989). “Where parties receive clear notice of
the consequences, failure to timely object to a magistrate’s report and recommendation operates
as a waiver of further judicial review of the magistrate’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 Phillips v. Long Island R.R. Co., 832 F. App’x 99, 100 (2d Cir. 2021) (same). In
the absence of any objections, “the district court need only satisfy itself that there is no clear error
on the face of the record.” Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F.
Supp. 2d 186, 189 (E.D.N.Y. 2011) (internal citations omitted).
Clear error will be found only when, upon review of the entire record, the Court is “left
with the definite and firm conviction that a mistake has been committed.” United States v. Snow,
462 F.3d 55, 72 (2d Cir. 2006) (quoting United States v. Garcia, 413 F.3d 201, 222 (2d Cir. 2005)).
The Court has carefully reviewed the record and the unopposed R&R for clear error and,
finding none, hereby adopts Judge Lindsay’s thorough and well-reasoned R&R in its entirety as
the opinion of the Court.
Accordingly, the parties’ cross-motions for summary judgment are DENIED. The Clerk
of Court is directed to terminate the motions at ECF Nos. 41-43.
SO ORDERED.
Dated: March 4, 2026
Central Islip, New York
/s/ (JMA)
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE
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