UNITED STATES OF AMERICA v. KOTTEMANN LAW FIRM PLLC et al
| UNITED STATES OF AMERICA |
| KOTTEMANN LAW FIRM PLLC, TIMOTHY KOTTEMANN, JANE DOE and JOHN DOE |
| 3:2012cv00114 |
| March 13, 2012 |
| US District Court for the Northern District of Florida |
| Pensacola Office |
| Escambia |
| M CASEY RODGERS |
| CHARLES J KAHN |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| Defendant |
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Filing
90
ORDER adopting the magistrate judge's 86 Report and Recommendation. Plaintiff's 72 Amended Motion for Summary Judgment is GRANTED, and Defendants' 87 Request for Status Conference is DENIED. There is due and owing Plaintiff, United States of America, by Timothy P. Kottemann, on account of the promissory notes dated July 5, 2006, and August 18, 2006, described in paragraphs four and six, respectively, of the complaint herein, the sum of three hund red fifty-nine thousand, nine hundred sixty-two and 77/100 ($359,962.77) dollars, inclusive of principal, interest and costs, including the cost of this litigation, as of the nineteenth day of March, 2014, plus interest at a daily rate of 6;25.55 from March 19, 2014, to the date of this judgment, and at the judgment rate thereafter. For the payment of said sum due Plaintiff, Plaintiff has a valid lien on the real property encumbered by the mortgage being foreclosed herein and Plai ntiff is entitled to foreclose its said mortgage lien. The said mortgaged property involved herein is situated in Escambia County, Florida and is described as: (see judgment image). More commonly known as: 1310 W. Cypress St., Pensacola, FL 32501 being the same property as described in that certain mortgage dated July 5, 2006, as recorded in Book 5957 at page 1049 in the public records of Escambia County, Florida. If the aforesaid sum is not paid forthwith to Plaintiff, the real propert y shall be sold to the highest and best bidder for cash, at public outcry, on the steps of the Escambia County Courthouse in Pensacola, Florida, said property being sold free and clear of any right, title and interest of the Defendants herein or a ny and all persons, firms and corporations claiming by, through, under, or against said Defendants, at a sale to be held by the United States Marshal for this district, or his duly authorized deputy, who is to report his acts and doings in that be half to this Court. Upon entry of the Judgment of Foreclosure, the Clerk shall administratively close the file but the Court retains jurisdiction to confirm the sale and enter any other necessary orders. Upon confirmation of the sale, this matter will be closed for all purposes and dismissed with prejudice against Defendant Timothy P. Kottemann. The United States shall have no further recovery against Defendant Timothy P. Kottemann. This matter is DISMISSED without prejudice against the re maining named and unnamed Defendants. The Clerk of Court shall coordinate with Plaintiff's counsel the return of the original loan and security documents currently held in the Court's vault. Signed by CHIEF JUDGE M CASEY RODGERS on 4/17/2014. (djb)
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Filing
61
ORDER adopting 45 Report and Recommendation. Pla United States' motion to dismiss counterclaims (doc. 37 ) is GRANTED. Dft Timothy Kottemann's first counterclaim for "SBA's General Powers" is DISMISSED for failure to state a claim upon which relief can be granted. Dft Timothy Kottemann's second and third counterclaims for "Selective/Malicious Prosecution" and "Defamation" are DISMISSED for lack of subjectmatter jurisdiction. Dft Timothy Kottemanns motion to dismiss (doc. 31 ) is DENIED. This matter is referred to the magistrate judge for further proceedings. Signed by CHIEF JUDGE M CASEY RODGERS on July 25, 2013. (kvg)
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Filing
56
ORDER adopting the magistrate judge's 55 Report and Recommendation. The parties' 52 Motion to Stay; 54 Motion to Stay on suggestion of bankruptcy are GRANTED and this case is STAYED until further order. The clerk is directed to administratively close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 5/31/2013. (djb)
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