US BANK TRUST NA v. LEO

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
US BANK TRUST, N.A., as Trustee
for LSF9 Master Participation Trust,
Plaintiff,
v.
MICHELE LEO,
Defendant.
)
)
)
)
)
)
)
)
)
)
Docket No. 2:23-cv-00459-NT
ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On November 14, 2024, the United States Magistrate Judge filed with the
Court, with copies to the parties, her Recommended Decision (ECF No. 34) on the
Defendant’s motion for judgment on the pleadings (ECF No. 11), the Plaintiff’s motion
to appoint a receiver (ECF No. 9), and the Plaintiff’s motion to hold rent proceeds in
escrow (ECF No. 23). The time within which to file objections has expired, and no
objections have been filed. The Magistrate Judge notified the parties that failure to
object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. Accordingly, the Defendant’s motion for judgment on
the pleadings (ECF No. 11) is DENIED. The Plaintiff’s motion to appoint a receiver
(ECF 	No. 	9) 	is 	GRANTED, 	and 	Benjamin 	P. 	Campo, 	Jr., 	Esq. 	is 	hereby
APPOINTED as receiver of the property located at 45 Smutty Lane in Saco, Maine
for the purpose of: maintaining the property to ensure its safe use by tenants for
Case 2:23-cv-00459-NT Document 35 Filed 12/10/24 Page 1 of 2 PageID #:
<pageID>

2
habitation; collecting monthly rental payments from the tenants to be allocated for
expenses toward maintenance, property insurance, and property taxes; and the
marketing and sale of the property to satisfy the mortgage lien upon approval by the
Court. The Plaintiff’s motion to hold rent proceeds in escrow (ECF No. 23) is DENIED
AS MOOT. However, I DIRECT Attorney Campo to use any rental income related
to the subject property that is currently in his escrow account for the benefit of the
property in accordance with his authority as receiver.
SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 10th day of December, 2024.
Case 2:23-cv-00459-NT Document 35 Filed 12/10/24 Page 2 of 2 PageID #:
<pageID>