OneWest Bank N.A. v. Metcalfe et al
| OneWest Bank N.A. |
| John Doe No. 1 through John Doe No. 10, Eunice Metcalfe and New York City Environmental Control Board |
| 1:2015cv01829 |
| April 3, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| James Orenstein |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
68
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons discussed in the attached Memorandum and Order, the Court adopts Judge Orenstein's R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Court grants Plaintiff� 39;s motion for summary judgment against Metcalfe, denies the motion for default judgment against NYCECB and dismisses the case against NYCECB and the John Doe Defendants without prejudice. The Court also grants the request to appoint a special mast er to determine the amount of damages, costs and attorneys' fees, whether the Property may be sold in one parcel and for the purpose of selling the Property. Plaintiff shall submit on or before September 15, 2017 the names, addresses and teleph one numbers of three qualified and willing individuals who may act as the special master along with a proposed fee schedule and an explanation of the basis for the schedule. Following the Court's appointment of a special master and approval of the special master's report as to the calculation of damages, costs and attorneys' fees, Plaintiff shall submit to the Court a proposed order of judgment of foreclosure and sale. Ordered by Judge Margo K. Brodie on 9/1/2017. (Daugherty, Shannon)
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