Wells Fargo Bank, N.A. v. Bivona & Cohen, P.C. et al
| Wells Fargo Bank, N.A. |
| Bivona & Cohen, P.C. and John Bivona |
| 1:2012cv05212 |
| July 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Ronnie Abrams |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
127
ORDER ADOPTING REPORT & RECOMMENDATION for 125 Report and Recommendations 103 Motion for Summary Judgment filed by Wells Fargo Bank, N.A. The Court adopts Judge Gorenstein's Report & Recommendation in its entirety. The Clerk of Court i s respectfully directed to enter judgment in favor of Plaintiff Wells Fargo Bank, N.A. and against Defendant John Bivona in the amount of $1,530,591.46, with pre-judgment interest accruing at the rate of $109.95 per day from February 18, 2016 until the date of judgment. As no other claims in this action remain outstanding, the Clerk of Court is also directed to close this case. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 6/1/2016) (cf)
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Filing
125
REPORT AND RECOMMENDATION. Wells Fargo's motion for summary judgment (Docket #103) should be granted. Judgment should be awarded in favor of Wells Fargo and against Bivona in the amount of $1,530,591.46, with pre-judgment interest accruing at the rate of $109.95 per day from February 18, 2016, until the date of judgment. re: 103 MOTION for Summary Judgment filed by Wells Fargo Bank, N.A. Objections to R&R due by 5/31/2016 (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/11/2016) (rjm).
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Filing
80
OPINION & ORDER re: 68 MOTION for Summary Judgment on plaintiff's complaint and dismissal of defendant's affirmative defenses and counterclaims. filed by Wells Fargo Bank, N.A. For the foregoing reasons, Defendant's mot ion for summary judgment is granted in its entirety, resolving Wells Fargo's claims against Defendant Bivona in favor of Wells Fargo and dismissing Bivona's counterclaims. The Clerk of the Court is respectfully directed to close item 68 on the docket. This matter will be referred for an inquest on the appropriate amount of damages with interest, and the requested award of attorney's fees. Remaining to be decided are Bivona's cross-claims against Defendant Bivona & Cohen P.C. for indemnity and contribution. To the extent that Bivona seeks a default judgment on such claims, he must request a certificate of default from the Clerk of the Court, and comply with the procedures set forth in Rule 4(F) of the Court's Individual Rules and Practices in Civil Cases. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Ronnie Abrams on 9/30/2015) (ajs)
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