Love v. BMW Financial Services NA, LLC
| Kevin B Love |
| BMW Financial Services NA, LLC |
| 1:2015cv00124 |
| January 9, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Eric N. Vitaliano |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
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Filing
61
AMENDED ORDER re 60 Order on Motion for Judgment Based on ADR Settlement. The Court's previous Order dated December 5, 2017 is amended as follows: For the reasons stated herein, I grant defendant's motion to confirm the arbitration awar d with respect to both plaintiffs, and deny plaintiff Kevin Love's cross-motion to vacate. Accordingly, judgment shall enter in favor of defendant BMW Financial Services, NA, LLC and against plaintiffs Kevin B. Love and Maria Love, jointly and severally, for $34,826.84 owed under the lease agreement, together with prejudgment interest at 9 percent per annum to be calculated by the Clerk of Court from April 30, 2013 to the date of entry of judgement; $50,000 in attor neys fees awarded by the arbitrator; and $12,960.02 in attorneys fees and costs incurred in connection with defendants motion to confirm and its opposition to plaintiff Kevin Loves cross-motion. The Clerk of Court is respectfully requested to enter judgment accordingly. Ordered by Magistrate Judge Steven M. Gold on 12/13/2017.(Recca, Vincent)
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Filing
60
ORDER granting 54 motion to confirm arbitration award and denying 57 cross-motion to vacate arbitration award. For the reasons stated herein, I grant defendant's motion to confirm the arbitration award with respect to both plaintiffs, and d eny plaintiff Kevin Love's cross-motion to vacate. Accordingly, judgment shall enter in favor of defendant BMW Financial Services, NA, LLC and against plaintiffs Kevin B. Love and Maria Love, jointly and severally, for $34,826.84 owed under the lease agreement, together with interest at 9 percent per annum from April 30, 2013; $50,000 in attorney's fees awarded by the arbitrator; and $12,960.02 in attorney's fees and costs incurred in connection with defendant's motion to confirm and its opposition to plaintiff Kevin Love's cross-motion. The Clerk of Court is respectfully requested to enter judgment accordingly. Ordered by Magistrate Judge Steven M. Gold on 12/5/2017. (Recca, Vincent)
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Filing
24
ORDER granting 14 Motion to Compel; denying 16 Motion for Sanctions; terminating 17 Motion for Sanctions because the document is not a motion but a submission in support of the motion filed as Docket Entry 16; terminating 18 Motion for Sa nctions because the document is not a motion but a submission in support of the motion filed as Docket Entry 16. For the reasons set forth in the attached Memorandum and Order, defendant's motion to compel arbitration is granted. Defendant 9;s application for fees and costs is referred to arbitration as well. Plaintiff's cross-motion for sanctions is denied. This action is stayed pending the outcome of the arbitration proceedings. Counsel for defendant shall submit a letter reporting on the status of the arbitration proceedings once they have been concluded or by June 1, 2016, whichever shall first occur. Ordered by Chief Mag. Judge Steven M. Gold on 1/21/2016. (Gold, Steven)
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| Defendant: BMW Financial Services NA, LLC | |
| Represented By: | Jonathan D. Deily |
| Represented By: | Jason A Little |
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| Plaintiff: Kevin B Love | |
| Represented By: | Richard A Luthmann |
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