Wells Fargo Bank National Association v. 366 Realty LLC et al
| Wells Fargo Bank National Association |
| 366 Realty LLC, Angel Avel, Criminal Court of the City of New York, Maria Gladys Uvidia Deramo, Victor Guaman, John Doe No. I to John Doe No. X, Susana Lopez, Joshua Mizrahi, Modern MD Management Services LLC, Nancy Molina, Luis Murillo, NYC Environmental Control Board, Angel M. Ramos, Dimas Ramos and Enedina Gonzalez Zamac |
| 1:2017cv03570 |
| June 13, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Sterling Johnson |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
101
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 87 Motion for Damages, filed by Wells Fargo Bank National Association, as Trustee for the Holders of COMM 2014-UBS6 Mortgage Trust Commercial Pass-Through Certificates, by and through its special ser vice, LNR Partners LLC ("Plaintiff"); granting in part and denying in part 87 Motion for Damages; reserving ruling on 97 Motion for Order of Sale; adopting 95 Report and Recommendations ("R&R"). For the reasons set forth in the attached Memorandum and Order, the Court adopts and affirms the well-reasoned and thorough 95 R&R issued by Magistrate Judge Marutollo in its entirety. Plaintiff's 87 motion for damages is GRANTED in part and DENIED in pa rt in accordance with the computation outlined in the R&R. Pursuant to Fed. R. Civ. P. 21, the Clerk of Court is respectfully requested to amend the caption to reflect that John Doe Nos. I-X are no longer Defendants. Plaintiff is respectfully requested to serve a copy of this Memorandum and Order upon all pro se Defendants and to file proof of service within two (2) business days of this Memorandum and Order. Plaintiff is further requested to file a motion for default judgment pursuan t to Fed. R. Civ. P. 55(b)(2) with respect to the Defaulting Defendants within thirty (30) days of this Memorandum and Order. The Court reserves ruling on Plaintiff's 97 Motion for Order of Sale until Plaintiff has secured entry of default judgment against the Defaulting Defendants, pursuant to Fed. R. Civ. P. 55(b)(2). Ordered by Judge Kiyo A. Matsumoto on 3/26/2024. (HM)
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