Eastern Savings Bank, FSB v. Robinson et al
| Eastern Savings Bank, FSB |
| Americredit Financial Services, Inc., LI Anesthesiologist PLLC, Gail Robinson, Quinn Robinson and Richard Robinson |
| 2:2013cv07308 |
| December 23, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arthur D. Spatt |
| William D. Wall |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
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Filing
75
ORDER granting 60 Motion for Default Judgment; adopting 67 Report and Recommendations; Based on the foregoing, the Homeowners objections to the May 9, 2016 Report and Recommendation by United States Magistrate Judge Steven I. Locke are overrul ed in their entirety. Therefore, on Judge Lockes recommendation, the Court grants the Banks motion for a default judgment against the Defaulting Defendants pursuant to Fed. R. Civ. P. 55, and holds that the interests of those parties in the Residence , if any, are hereby extinguished. Further, the Court grants the Banks motion for a judgment of foreclosure and sale, which will issue under separate cover in a form substantially similar to the proposed judgment submitted by the Bank. On Judge Locke s recommendation, the Court will appoint Lara Harmel, Esq. as the referee of the sale. Finally, on Judge Lockes recommendation, the Court grants the Bank the following damages, which it is entitled to recover to the extent possible through a foreclo sure and sale of the Residence: see order. Except for the limited purpose of issuing a final Judgment of Foreclosure and Sale, this case is now closed. SEE ATTACHED ORDER for further details. So Ordered by Judge Arthur D. Spatt on 6/2/2016. cm by cm/ecf to counsel; cm by fcm to Americredit Financial Services, Inc., LI Anesthesiologist, PLLC and Quinn Robinson. (Coleman, Laurie)
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Filing
59
MEMORANDUM OF DECISION AND ORDER granting 44 Motion for Summary Judgment; denying 54 Motion for Summary Judgment - Based on the foregoing, the Court grants summary judgment in favor of the Plaintiff Eastern Savings Bank, N.A. and dismisses th e affirmative defenses and counterclaims of the Defendants Richard A. Robinson and Gail Robinson. The Bank shall submit a proposed judgment of foreclosure and sale for the Courts review within 10 days of the date of this Order. Further, the Court den ies the Moving Defendants cross-motion for summary judgment in its entirety. To the extent that the Plaintiff intends to pursue default judgments against the non-appearing Defendants, the case shall remain open for that limited purpose So Ordered by Judge Arthur D. Spatt on 2/4/2016. (Coleman, Laurie)
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