Mulberry Homes VI, LLC v. Gargiulo et al
| Mulberry Homes VI, LLC |
| Citibank (South Dakota) N.A., Edward Corea, Constance Gargiulo, Larry Jacobson, John Doe "1" through "12", Keyspan Gas East Corporation, LVNV Funding, LLC., Long Island Lighting Company, New York State Department of Taxation and Finance, People of the State of New York by Inc. Village of Garden City Justice Court and The United States of America Department of the Treasury Internal Revenue Service |
| 2:2015cv01913 |
| April 8, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Denis R. Hurley |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
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| Document Text |
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Filing
39
ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts Judge Brown's R & R and accordingly, IT IS HEREBY ORDERED THAT (1) the motion to amend the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding , LLC, New York State Department of Taxation and Finance, and the State of New York by the Incorporated Village of Garden City Justice Court is granted; (2) the action is dismissed as against the IRS; (3) the motion for a judgment of foreclosure and sale as to the remaining defendants is granted and plaintiff is awarded damages of $692,779.27; and (5) plaintiff shall submit a revised proposed Judgment of Foreclosure and Sale consistent herewith under cover of letter on or before October 5, 2018. See attached Order.Ordered by Judge Denis R. Hurley on 9/27/2018. (Gapinski, Michele)
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Filing
29
ORDER RE REPORT AND RECOMMENDATIONS. The Court agrees with Judge Brown's conclusion that the Complaint did not sufficiently allege diversity of citizenship. However, given that plaintiff has submitted new evidence purporting to establish divers ity of citizenship, the case is referred back to Judge Brown to consider this new evidence and issue a report and recommendation as to whether it establishes subject matter jurisdiction. Should Judge Brown find that it does, he should also consider as part of his report and recommendation whether the motion for default judgment should be granted on its merits. Ordered by Judge Denis R. Hurley on 9/28/2016. (Kaley, Regina)
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