Eastern Savings Bank, FSB v. Rabito et al
| Eastern Savings Bank, FSB |
| New York City Parking Violations Bureau, Francis Rabito and John Doe 1 through John Doe 12 |
| 1:2011cv02501 |
| May 24, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
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Filing
35
ORDER ADOPTING REPORT AND RECOMMENDATION. For the reasons set forth in the enclosed Order, the court finds no clear error and hereby affirms and adopts Judge Pohorelsky's Report and Recommendation as the opinion of the court. Accordingly, plai ntiffs motion for default judgment against defendants Parking Violations Bureau, Connor Doe, Sara Chester, Thomas Martin and Brian Robin is granted, and defendants motion for the entry of judgment against defendant Francis Rabito is granted, except a s to $863.55 in late charges, which are denied. Judgment is to be entered for plaintiff and against Rabito as follows: (1) $400,000 for repayment of the loan principal, (2) $144,064.10 in interest on the principal through October 15, 2013, (3) $39,669.24 for the negative escrow balance, (4) $7,298.76 in interest on the negative escrow balance through October 15, 2013, and (5) $5,643 for attorneys fees and $1,634.70 for costs. Plaintiff is ordered to submit a revised proposed Judgment of Foreclosure and Sale consistent with this Order by October 30, 2014. Counsel for plaintiff is requested to mail a copy of this Order to defendants and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 9/26/2014. (Alagesan, Deepa)
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Filing
31
ORDER ADOPTING REPORT AND RECOMMENDATION. Upon a careful review of the record and Judge Pohorelskys well-reasoned Report and Recommendation 29 , the court finds no clear error and hereby affirms and adopts the Report and Recommendation in its entir ety as the opinion of the court. Accordingly, plaintiffs motion for entry of judgment 27 is denied without prejudice with one final opportunity to renew the motion supported by adequate explanations and documentation to substantiate the principal, interest, charges and attorneys fees sought. Ordered by Judge Kiyo A. Matsumoto on 9/26/2013. (Tsai, Denise)
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Filing
26
ORDER granting 22 Motion for Summary Judgment. For the reasons stated in the attached Memorandum and Order, the court (1) grants plaintiff's motion to strike defendant Rabito's defenses and counterclaim; (2) grants plaintiff's moti on to amend the caption to replace John Does #1-4 with the names of individuals whom plaintiff served, and to dismiss John Does #5-12; and (3) grants plaintiff's motion for summary judgment against Rabito. In addition, by August 31, 2012, plaint iff shall submit: (1) supporting documentation and calculations to enable the court to assess the amount due and outstanding under the Note and Mortgage; (2) additional affidavits, documents, and calculations to support plaintiff's award of attorneys fees; and (3) a proposed Order Appointing a Receiver. Any defendant who wishes to oppose the plaintiff's calculations must do so by September 7, 2012. Ordered by Judge Kiyo A. Matsumoto on 8/16/2012. (Chang, Emily)
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