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21-5916 - Metropolitan Life Insurance Company v. Latimore et al

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April 18, 2023

SUA SPONTE REPORT AND RECOMMENDATION: For the reasons stated herein, this Court respectfully recommends that, based on Defendants' representations during the April 18, 2023 Status Conference (see Apr. 18, 2023 ECF Minute Entry), the Court enter the attached Proposed Order disbursing the Interpleaded Funds and closing the case.Objections to this Report and Recommendation are due by 5/2/2023. Failure to file objections within the specified time waives the right to appeal any judgment or order entered by the District Court in reliance on this Report and Recommendation. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2); Caidor v. Onondaga County, 517 F.3d 601, 604 (2d Cir. 2008) ("[F]ailure to object timely to a magistrate [judge's] report operates as a waiver of any further judicial review of the magistrate [judge's] decision."). The Clerk of Court is respectfully directed to mail a copy of this Order and the attached Report and Recommendation to (1) Defendant Brianna Latimore at 443 Lake Daisy Dr., Winter Haven, FL 33884, (2) Defendant Deniqua Wright at 5938 Sunlight Mountain Rd., Spotsylvania, VA 22553, (3) Defendant Trachelle Duncan at 10607 Allie Court, Fredericksburg, VA 22408, (4) Defendant Dajean Latimore at 5721 Ave. H Apt. 2D, Brooklyn, NY 11234, and (5) Defendant Tisha Hines at 5721 Ave. H Apt. 2D, Brooklyn, NY 11234. Ordered by Magistrate Judge Taryn A. Merkl on 4/18/2023. (SA)

May 15, 2023

ORDER ADOPTING 38 Sua Sponte - Report and Recommendation: WHEREFORE, IT IS HEREBY ORDERED: 1. In light of Defendants' representations, 28 U.S.C. § 2042, and E.D.N.Y. Local Rule 67.1, the Clerk of Court shall release and disburse the Interpleaded Funds currently on deposit with the Clerk Registry to Tisha Hines Latimore, 5721 Ave H, Apt 2D, Brooklyn, NY 11234. 2. The parties shall comply with all further directions of the Clerk of Court as necessary to effect the release and disbursement of the Interpleaded Funds, as set forth above. 3. Upon the release and disbursement of the Interpleaded Funds, as set forth above, this action, including but not limited to all crossclaims, shall be dismissed in its entirety with prejudice, and the Clerk of Court shall close this action. So Ordered by Judge William F. Kuntz, II on 5/15/2023. (SY)