United States of America v. Leap et al
| United States of America |
| New York State Dept. of Finance, United States of America Dept. of the Treasure, XYZ Corporation, Gloria Leap, Nassau County Department of Social Services, Lawrence Eugene LaTerza, Marie C. LaTerza and John Doe #1 - 10 |
| 2:2011cv04822 |
| October 3, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Denis R. Hurley |
| William D. Wall |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| None |
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Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the February 18, 2014 Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the February 18, 2014 Report and Recommendation is adopted as if set forth herein, except for the following correction to a clerical error: Plaintiff is to be awarded continuing accruing costs and fees as pro vided by the note, mortgage and applicable regulations, from October 31, 2013 through the date of judgment, rather than from October 31, 2014 through the date of judgment, as stated on page 1 of the February 18, 2014 Report and Recommendation. Plai ntiff's motion for a default judgment is granted. The Court hereby directs that Plaintiff recover damages for the following amounts, and that judgment be entered accordingly: (i) $335,428.31 in principal; (ii) $68,067.87 in accrued interest; (iii) $3,220.00 in service fees; (iv) $19,565.95 in mortgage insurance premium; (v) continuing accruing costs and fees as provided by the note, mortgage and applicable regulations, from October 31, 2013 through the date of judgment; and (vi) $910.00 in costs. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 4/8/2014 (O'Connor, Madeline)
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Filing
23
ORDER ADOPTING REPORT AND RECOMMENDATIONS. As set forth in the attached Order, the Court adopts the March 6, 2013 Report and Recommendation of Judge Wall as if set forth herein. Accordingly, plaintiff's motion for a default judgment is denied w ithout prejudice and plaintiff is granted leave to file and serve a Second Amended Complaint. The Second Amended Complaint must be filed no later than April 30, 2013. Should plaintiff not file an amended pleading by this deadline, the action will be marked closed. Plaintiff's counsel is directed to serve a copy of this Order on the remaining defendants and to file proof of service on ECF. Ordered by Judge Denis R. Hurley on 4/17/2013. (Spatola, Richard)
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