Home Loan Investment Bank, F.S.B. v. Goodness & Mercy, Inc.
Federal Civil Lawsuit New York Eastern District Court, Case No. 2:10-cv-04677-ADS-ETB

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No Logo Home Loan Investment Bank, F.s.b., Plaintiff

Toggle Switch Represented by Adam Leitman Bailey, P.C

Name Phone Fax E-Mail
LEAD ATTORNEY William J. Geller +1 212 825 0365 +1 212 825 0999 wgeller@alblawfirm.com

Toggle Switch Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
TERMINATED: 05/23/2015, ATTORNEY TO BE NOTICED Patrick Joseph Sweeney +1 212 513 3547 +1 212 341 7122 patrick.sweeney@hklaw.com
TERMINATED: 05/23/2015, ATTORNEY TO BE NOTICED JOHN M. TORIELLO +1 212 513 3200 +3859 385 385 9010 john.toriello@hklaw.com
v.
Capital One Bank (USA) NA Capital One Bank (USA) NA, Defendant
No Logo Goodness & Mercy, Inc., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Harriet A. Gilliam +1 631 722 8074 +1 631 722 8075 hgilliamesq@earthlink.net
No Logo Harriet A. Gilliam, Defendant
No Logo John Doe Nos. 1-100, Defendant
No Logo Mary Gilliam, Defendant
No Logo New York State Department of Taxation and Finance, Defendant
No Logo New York State Workers Compensation Board, Defendant
United States of America United States of America, Defendant
No Logo Louis C. England, Special Master
Citation Section 28 U.S.C. § 1391
Nature of Suit 220 - Foreclosure (Diversity)
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Legal Document (Payment Possibly Required) 161 Filed: 9/25/2019, Entered: None Affidavit/Affirmation
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    Legal Document (Payment Possibly Required) 158 Filed: 9/10/2019, Entered: None Affidavit/Declaration in Opposition to Motion
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      Legal Document (Payment Possibly Required) 157 Filed: 8/27/2019, Entered: None Hearing
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        Legal Document (Payment Possibly Required) 151 Filed: 8/2/2019, Entered: None Notice of Appearance
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          Legal Document (Payment Possibly Required) 145 Filed: 7/3/2019, Entered: None Unsigned Order to Show Cause
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            Legal Document (Payment Possibly Required) 135 Filed: 11/15/2018, Entered: None Response in Opposition to Motion
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              Legal Document (Payment Possibly Required) 130 Filed: 11/14/2018, Entered: None Response in Opposition to Motion
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                Legal Document (Payment Possibly Required) 113 Filed: 8/31/2018, Entered: None Order
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                  Legal Document (Payment Possibly Required) 84 Filed: 7/6/2017, Entered: None Letter
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                    Legal Document (Payment Possibly Required) 82 Filed: 6/27/2017, Entered: None Reconsideration
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                      Legal Document (Payment Possibly Required) 81 Filed: 6/26/2017, Entered: None Order(Other)
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                        Legal Document (Payment Possibly Required) 80 Filed: 6/9/2017, Entered: None Unsigned Order to Show Cause
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                          Legal Document (Payment Possibly Required) 79 Filed: 5/4/2017, Entered: None Notice(Other)
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                            Legal Document (Payment Possibly Required) 78 Filed: 4/27/2017, Entered: None NOTICE of Change of Address/Firm/Email
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                              Legal Document (Payment Possibly Required) 77 Filed: 1/31/2017, Entered: None Notice of Appearance
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                                Legal Document (Payment Possibly Required) 76 Filed: 1/31/2017, Entered: None Notice(Other)
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                                  Legal Document (Payment Possibly Required) 75 Filed: 12/6/2016, Entered: None Notice(Other)
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                                    Legal Document (Payment Possibly Required) 74 Filed: 5/26/2015, Entered: None Order on Motion to Substitute Attorney
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                                      Legal Document (Payment Possibly Required) 74 Filed: 5/23/2015, Entered: None Court Filing
                                      ORDER granting 73 motion to substitute counsel; ORDERED that Adam Leitman Bailey, P.C. shall hereby be substituted as Plaintiff's counsel of record in the place and stead of Holland Knight, L.L.P. Attorneys Patrick J. Sweeney and John Michael Toriello terminated. Ordered by Judge Arthur D. Spatt on 5/26/2015. (Coleman, Laurie) (Entered: 05/26/2015)
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                                        Legal Document (Payment Possibly Required) 73 Filed: 5/22/2015, Entered: 5/22/2015 Unknown Document Type
                                        MOTION to Substitute Attorney by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Declaration Declaration in Support of Motion, # 2 Exhibit Ex. A - Substitution Stipulation, # 3 Exhibit Ex. B - Stipulation Incorporated Into Chapter 11 Plan, # 4 Memorandum in Support, # 5 Proposed Order) (Geller, William)
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                                          Legal Document (Payment Possibly Required) 72 Filed: 5/23/2014, Entered: None
                                          MANDATE of USCA as to 59 Notice of Appeal, filed by Goodness & Mercy, Inc. IT IS HEREBY ORDERED that the motion is granted to the following extent: the motionto withdraw is granted with prejudice against Appellants refiling this appeal and withoutprejudice to the Appellee seeking attorneys fees in an appropriate forum.USCA Case 12-3262 (Gledhill, Rosemary) (Entered: 05/27/2014)
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                                            Legal Document (Payment Possibly Required) 71 Filed: 10/9/2012, Entered: None Court Filing
                                            ORDER Re: 70 Notice of Filing Bankruptcy. This action is automatically stayed as to defendant Goodness and Mercy, Inc., during the pendency of the bankruptcy proceeding pursuant to 11 U.S.C. 362. In addition, ths action is stayed as to nondebtor defendants Mary Gilliam and Harriet Gilliam, who are alleged guarantors of defendant Goodness and Mercy, Inc., during the pendency of the bankruptcy proceeding. See In Re McCormick, 381 B.R. 594, 600 (Bankr. S.D.N.Y. 2008) ("[C]ourts have extended the protection of the automatic stay to nondebtors who are...guarantors...of corporations where necessity so required."). The Court deems the pending motion to set aside, motions to stay and letter motion for leave to file sur-reply withdrawn without prejudice to renew. The Clerk of the Court is directed to terminated docket #58, 61, 62 and 68. The parties are directed to notify the Court when the stay is lifted. The parties will have ten days from the date that the automatic stay is lifted to re-file those motions now considered withdrawn. Plaintiffs are directed not to execute on the judgment for ten days after the automatic stay is lifted. Signed by Judge Arthur D. Spatt. Motions #58, 61, 62 and 68 terminated as withdrawn. (Coleman, Laurie) (Entered: 10/12/2012)
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                                              Legal Document (Payment Possibly Required) 70 Filed: 9/26/2012, Entered: None
                                              Notice of Filing Bankruptcy by Defendant Goodness & Mercy, Inc. (Sweeney, Patrick) (Entered: 09/26/2012)
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                                                Legal Document (Payment Possibly Required) 69 Filed: 9/13/2012, Entered: None
                                                REPLY in Opposition re 68 Letter MOTION for Leave to File Sur-reply Declaration in Opposition to Motion to Set Aside or Reconsider , REPLY to Response to Motion re 68 Letter MOTION for Leave to File Sur-reply Declaration in Opposition to Motion to Set Aside or Reconsider filed by Goodness & Mercy, Inc.. (Gilliam, Harriet) (Entered: 09/13/2012)
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                                                  Legal Document (Payment Possibly Required) 68 Filed: 9/10/2012, Entered: None
                                                  Letter MOTION for Leave to File Sur-reply Declaration in Opposition to Motion to Set Aside or Reconsider by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Declaration Proposed Sur-reply Declaration) (Sweeney, Patrick) (Entered: 09/10/2012)
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                                                    Legal Document (Payment Possibly Required) 67 Filed: 9/4/2012, Entered: None
                                                    REPLY in Support re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment of Default and Judgment of, 62 MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment, 61 MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment filed by Goodness & Mercy, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (Gilliam, Harriet) (Entered: 09/04/2012)
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                                                      Legal Document (Payment Possibly Required) 66 Filed: 9/4/2012, Entered: None
                                                      DECLARATION re 65 Letter in Opposition to Defendants' Request to deem Plaintiff's Opposition Memorandum [Doc. No. 64] untimely by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 09/04/2012)
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                                                        Legal Document (Payment Possibly Required) 65 Filed: 8/27/2012, Entered: None
                                                        Letter requesting that plaintiff's opposition to defendants FRCP 59, 60 and 62 motions be deemed untimely and the motions be deemed unapposed by Goodness & Mercy, Inc. (Gilliam, Harriet) (Entered: 08/27/2012)
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                                                          Legal Document (Payment Possibly Required) 64 Filed: 8/25/2012, Entered: None
                                                          MEMORANDUM in Opposition re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment of Default and Judgment of filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 08/25/2012)
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                                                            Legal Document (Payment Possibly Required) 63 Filed: 8/24/2012, Entered: None
                                                            RESPONSE in Opposition re 62 MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 08/24/2012)
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                                                              Legal Document (Payment Possibly Required) 62 Filed: 8/24/2012, Entered: None
                                                              MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment of Default and Judgment of, 59 Notice of Appeal, 44 Order Adopting Report and Recommendations, Order on Motion for Default Judgment, Order on Report and Recommendations,,,,,,,,,,,, 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, 61 MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment by Goodness & Mercy, Inc.. (Gilliam, Harriet) (Entered: 08/24/2012)
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                                                                Legal Document (Payment Possibly Required) 61 Filed: 8/13/2012, Entered: None
                                                                MOTION to Stay re 58 Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment of Default and Judgment of, 44 Order Adopting Report and Recommendations, Order on Motion for Default Judgment, Order on Report and Recommendations,,,,,,,,,,,, 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, by Goodness & Mercy, Inc.. (Gilliam, Harriet) (Entered: 08/13/2012)
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                                                                  Legal Document (Payment Possibly Required) 60 Filed: 8/13/2012, Entered: None
                                                                  Letter submitting corrected memorandum of law in support of motions filed August 7, 2012 to include table of contents by Goodness & Mercy, Inc. (Attachments: # 1 Memorandum in Support) (Gilliam, Harriet) (Entered: 08/13/2012)
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                                                                    Legal Document (Payment Possibly Required) 59 Filed: 8/10/2012, Entered: None
                                                                    NOTICE OF APPEAL as to 44 Order Adopting Report and Recommendations, Order on Motion for Default Judgment, Order on Report and Recommendations,,,,,,,,,,,, 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, by Goodness & Mercy, Inc.. Filing fee $ 455, receipt number 0207-5661428. (Gilliam, Harriet) (Entered: 08/10/2012)
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                                                                      Legal Document (Payment Possibly Required) 58 Filed: 8/7/2012, Entered: None
                                                                      Notice of MOTION to Set Aside 57 Order on Motion for Default Judgment,, Order Referring Case to Special Master,,,,,,,,,,,,,,, or in the alternative for reconsideration and further for stay of enforcement of Judgment of Default and Judgment of Foreclosure and Sale by Goodness & Mercy, Inc.. (Attachments: # 1 Memorandum in Support) (Gilliam, Harriet) (Entered: 08/07/2012)
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                                                                        Legal Document (Payment Possibly Required) 57 Filed: 7/31/2012, Entered: None Court Filing
                                                                        JUDGMENT OF FORECLOSURE AND SALE/DEFAULT JUDGMENT: The amount computed by the Court to be due to Plaintiff as of August 1, 2012 on the Note and Mortgages described in the Complaint is $633,060.35, exclusive of fees and costs incurred in the prosecution of this matter after August 4, 2011, which fees and costs are otherwise recoverable under the Note and Mortgages. ORDERED and ADJUDGED that this action be, and the same hereby is, dismissed without prejudice as against the United States of America and John Doe Nos. I through 100, and the same hereby are stricken without prejudice from all of the proceedings had and all of the papers filed herein; and it is further Ordered and Adjudged, that the default of each and all of the remaining Defendants be, and the same hereby is, noted; and it is further Ordered that the motion for a default judgment against the New York State Department of Taxation & Finance, the New York Worker's Compensation Board, and Capital One Bank is granted and it is further Ordered and Adjudged that Plaintiff have judgment herein for the sum of $633,030.35, with interest at the daily rate of $80.26 per day from the date hereof to the date of entry of a final judgment herein and thereafter at the legal rate. Louis C. England is appointed as Master. Case closed. See Judgment for further details. Signed by Judge Arthur D. Spatt on 7/31/12.c/m (Mahon, Cinthia) Modified on 10/12/2012 to reset document number. (Mahon, Cinthia). (Entered: 10/12/2012)
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                                                                          Legal Document (Payment Possibly Required) 56 Filed: 4/25/2012, Entered: None
                                                                          DECLARATION re 54 Order,,, of Peter St. Jean Regarding Revised Calculation of Late Fees by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 04/25/2012)
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                                                                            Legal Document (Payment Possibly Required) 55 Filed: 4/24/2012, Entered: None
                                                                            DECLARATION re 54 Order,,, of Patrick J. Sweeney Regarding Revised Calculation of Late Fees, by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 04/24/2012)
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                                                                              Legal Document (Payment Possibly Required) 54 Filed: 4/18/2012, Entered: None Court Filing
                                                                              ORDER re 48 Letter filed by Goodness & Mercy, Inc. Upon consideration of the arguments herein, as well as those raised by the PLaintiff in its opposition letter dated April 11, 2012, the Court finds that the plaintiff's failure to timely file the recalculation of late fees was the result of excusable neglect and therefore denies the defendants' request that the plaintiff be deemed to have waived its application for late fees. The plaintiff is hereby directed to submit the application for late fees separate from the motion for a default judgment by 4/25/2012. If the Plaintiff fails to submit the revised late fee application by 4/25/2012, the Court will deem the plaintiff's application for late fees waived. So Ordered.. Ordered by Senior Judge Arthur D. Spatt on 4/18/2012. (Padilla, Kristin) (Entered: 04/24/2012)
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                                                                                Legal Document (Payment Possibly Required) 53 Filed: 4/23/2012, Entered: None
                                                                                AFFIDAVIT/DECLARATION in Support re 52 MOTION for Default Judgment as to New York State Department of Taxation & Finance, New York State Workers' Compensation Board, and Capital One Bank, filed by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Exhibit 1-5) (Sweeney, Patrick) (Entered: 04/23/2012)
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                                                                                  Legal Document (Payment Possibly Required) 52 Filed: 4/23/2012, Entered: None
                                                                                  MOTION for Default Judgment as to New York State Department of Taxation & Finance, New York State Workers' Compensation Board, and Capital One Bank, by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Certificate of Service, # 2 Proposed Judgment) (Sweeney, Patrick) (Entered: 04/23/2012)
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                                                                                    Legal Document (Payment Possibly Required) 51 Filed: 4/11/2012, Entered: None Court Filing
                                                                                    ORDER granting 47 Motion for Extension of Time to File Response/Reply; granting 47 Motion for Extension of Time to Answer; granting 47 Motion for Extension of Time to File. The pltff is granted an extension to move for default against the remaining defts to five days after the Clerk's entry of default. ( Ordered by Senior Judge Arthur D. Spatt on 4/11/2012.) c/m c/ecf (Fagan, Linda) (Entered: 04/18/2012)
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                                                                                      Legal Document (Payment Possibly Required) 50 Filed: 4/16/2012, Entered: None
                                                                                      NOTATION OF DEFAULT - It appearing from the docket maintained in this action that defendant Capital One Bank USA, N.A., New York State Department Of Taxation & Finance, New York State Workers' Compensation Board has failed to appear or otherwise defend this action, the default of defendant Capital One Bank USA, N.A., New York State Department Of Taxation & Finance, New York State Workers' Compensation Board is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. Signed by Laura Rios, Deputy Clerk, on 4/16/12. (Coleman, Laurie) (Entered: 04/18/2012)
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                                                                                        Legal Document (Payment Possibly Required) 49 Filed: 4/11/2012, Entered: None
                                                                                        Letter In Opposition to Request to Deem Late Fee Application Waived by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 04/11/2012)
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                                                                                          Legal Document (Payment Possibly Required) 48 Filed: 4/10/2012, Entered: None
                                                                                          Letter requesting that plaintiff's failure to submit calculation of late fees per the Court's Order, be deemed a waiver of application for late fees by Goodness & Mercy, Inc. (Gilliam, Harriet) (Entered: 04/10/2012)
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                                                                                            Legal Document (Payment Possibly Required) 47 Filed: 4/9/2012, Entered: None
                                                                                            Letter MOTION for Extension of Time to File Response/Reply , MOTION for Extension of Time to File Answer , MOTION for Extension of Time to File Motion For Default Judgment Against Junior Lienholders by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 04/10/2012)
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                                                                                              Legal Document (Payment Possibly Required) 46 Filed: 4/9/2012, Entered: None
                                                                                              DECLARATION re 45 Request for Certificate of Default against subordinate lienholders by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit No. 1, # 2 Exhibit No. 2, # 3 Exhibit No. 3) (Sweeney, Patrick) (Entered: 04/09/2012)
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                                                                                                Legal Document (Payment Possibly Required) 45 Filed: 4/9/2012, Entered: None
                                                                                                Request for Certificate of Default by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit) (Sweeney, Patrick) (Entered: 04/09/2012)
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                                                                                                  Blank 44 Filed: 3/30/2012, Entered: None Court Filing
                                                                                                  MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that Judge Boyles 41 Report and Recommendation is accepted in part and modified in part as set forth herein. The Court grants the 5 default judgment, and awards the Plaintiff: (1) $509,460.35 in principal that is owed under the Note and Mortgage; (2) $50,067.77 in interest, with additional interest to be calculated through the date of judgment at a rate of $80.26 per day; (3) $25,343.65 in escrow fees; (4) $1,359.00 in miscellaneous fees; (5) $20,965.00 in attorneys fees; and (6) $3,213.90 in costs, and it is further ORDERED, that the Plaintiff is directed to submit to the Court within ten days of the date of this order, a calculation of the late fees accrued up to the date of the commencement of the foreclosure action, and it is further ORDERED, that the Plaintiff is afforded ten days from the date of this order to either move for a default judgment against the remaining defendants or the Court may dismiss the remaining defendants for failure to prosecute pursuant to Federal Rule of Civil Procedure 41. Ordered by Senior Judge Arthur D. Spatt on 3/30/12. (Coleman, Laurie) (Entered: 03/30/2012)
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                                                                                                    Legal Document (Payment Possibly Required) 43 Filed: 2/9/2012, Entered: None
                                                                                                    MEMORANDUM in Opposition to Objection to Magistrate's Report filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 02/09/2012)
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                                                                                                      Legal Document (Payment Possibly Required) 42 Filed: 1/23/2012, Entered: None
                                                                                                      OBJECTION to 41 Report and Recommendations filed by All Defendants. (Gilliam, Harriet) (Entered: 01/23/2012)
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                                                                                                        Legal Document (Payment Possibly Required) 41 Filed: 1/4/2012, Entered: None Court Filing
                                                                                                        REPORT AND RECOMMENDATIONS re 5 MOTION for Entry of Default against Defendants Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam MOTION for Default Judgment as to filed by Home Loan Investment Bank, F.S.B.: For the reasons contained in the attached Report and Recommendation, I recommend that a default judgment be entered against defendants Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam, and that plaintiff be awarded damages as follows: (1) $509,460.35 in principal that is owed under the Note and Mortgage; (2) $50,067.77 in interest, with additional interest to be calculated through the date of judgment at a rate of $80.26 per day; (3) $8,437.60 in late fees, with additional late fees to be calculated through the date of judgment at a rate of $189.60 per month; (4) $25,343.65 in escrow fees; (5) $1,359.00 in miscellaneous fees; (6) $20,965.00 in attorney's fees; and (7) $3,213.90 in costs, for a total monetary award of $618,847.27, plus additional interest and late fees. Objections to R&R due by 1/23/2012. So Ordered by Magistrate Judge E. Thomas Boyle on 1/4/2012. (Minerva, Deanna) (Entered: 01/04/2012)
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                                                                                                          Legal Document (Payment Possibly Required) 40 Filed: 12/13/2011, Entered: None
                                                                                                          REPLY in Opposition re 39 Letter filed by Goodness & Mercy, Inc.. (Gilliam, Harriet) (Entered: 12/13/2011)
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                                                                                                            Legal Document (Payment Possibly Required) 39 Filed: 12/8/2011, Entered: None Court Filing
                                                                                                            Letter dated 12/8/11 to Magistrate Judge Boyle by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 12/08/2011)
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                                                                                                              Legal Document (Payment Possibly Required) 38 Filed: 10/19/2011, Entered: None
                                                                                                              REPLY in Opposition re 34 Memorandum in Opposition /Plaintiff's Reply to Defendants' Post-Hearing Memorandum of Law, filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 10/19/2011)
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                                                                                                                Legal Document (Payment Possibly Required) 37 Filed: 10/17/2011, Entered: None
                                                                                                                STIPULATION extending Plaintiff's time to respond to Defendants' post-hearing memorandum of law by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 10/17/2011)
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                                                                                                                  Legal Document (Payment Possibly Required) 36 Filed: 10/7/2011, Entered: None
                                                                                                                  Letter MOTION for Leave to File Response to Defendants' Post-Hearing Memorandum of Law by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 10/07/2011)
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                                                                                                                    Legal Document (Payment Possibly Required) 35 Filed: 10/6/2011, Entered: None
                                                                                                                    Letter foewarding table of contents to defendants' memorandum of law filed Oct. 3, 2011 by Goodness & Mercy, Inc. (Attachments: # 1 Exhibit) (Gilliam, Harriet) (Entered: 10/06/2011)
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                                                                                                                      Legal Document (Payment Possibly Required) 34 Filed: 10/3/2011, Entered: None
                                                                                                                      MEMORANDUM in Opposition to plaintiff's application for damages, including costs and reasonable attorney's fees filed by Goodness & Mercy, Inc.. (Gilliam, Harriet) (Entered: 10/03/2011)
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                                                                                                                        Legal Document (Payment Possibly Required) 33 Filed: 9/12/2011, Entered: None
                                                                                                                        REPLY to Response to Motion re 31 MOTION for Leave to File post-hearing memorandum of law filed by All Defendants. (Gilliam, Harriet) (Entered: 09/12/2011)
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                                                                                                                          Legal Document (Payment Possibly Required) 32 Filed: 9/7/2011, Entered: None
                                                                                                                          RESPONSE to Motion re 31 MOTION for Leave to File filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 09/07/2011)
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                                                                                                                            Legal Document (Payment Possibly Required) 31 Filed: 9/6/2011, Entered: None
                                                                                                                            Letter Motion requesting leave to address plaintiffs' August 30, 2011 submissions and to file post-hearing memorandum of law by Goodness & Mercy, Inc. (Gilliam, Harriet) Modified on 9/7/2011 (Lundy, Lisa). (Entered: 09/06/2011)
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                                                                                                                              Legal Document (Payment Possibly Required) 30 Filed: 8/29/2011, Entered: None
                                                                                                                              DECLARATION of Patrick J. Sweeney in Support of Mortgage Debt Calculation by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit No. 9, # 2 Exhibit No. 10) (Sweeney, Patrick) (Entered: 08/30/2011)
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                                                                                                                                Legal Document (Payment Possibly Required) 29 Filed: 8/29/2011, Entered: None
                                                                                                                                DECLARATION of Peter St. Jean in Support of Mortgage Debt Calculation by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit No. 9) (Sweeney, Patrick) (Entered: 08/29/2011)
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                                                                                                                                  Legal Document (Payment Possibly Required) 28 Filed: 8/16/2011, Entered: None
                                                                                                                                  NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on AUGUST 09, 2011,CIVIL CAUSE FOR INQUEST HELD before MAG. JUDGE E. THOMAS BOYLE. Court Reporter/Transcriber RUTH ANN HAGER @ TYPEWRITE WORD PROCESSING SERVICE 211 N. MILTON ROAD SARATOGA SPRINGS, NEW YORK. 12866, Telephone number SHARI RIEMER/RUTH ANN HAGER, (718) 966-1401 or (518) 581-8973. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2011. Redacted Transcript Deadline set for 9/16/2011. Release of Transcript Restriction set for 11/14/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 08/17/2011)
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                                                                                                                                    Legal Document (Payment Possibly Required) 27 Filed: 8/9/2011, Entered: None Court Filing
                                                                                                                                    Witness List & Exhibit List as to Inquest Hearing before Mag. Judge Boyle on 8/9/11. (Lundy, Lisa) (Entered: 08/12/2011)
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                                                                                                                                      Legal Document (Payment Possibly Required) 26 Filed: 8/9/2011, Entered: None Court Filing
                                                                                                                                      Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle: Inquest Hearing held on 8/9/2011; The parties are afforded 20 days to supplement the record as discussed at the Inquest. (Tape #2:48-5:42, 5:53-6:00.) (Lundy, Lisa) (Entered: 08/12/2011)
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                                                                                                                                        Legal Document (Payment Possibly Required) 25 Filed: 8/8/2011, Entered: None
                                                                                                                                        RESPONSE to Motion re 24 MOTION to Adjourn Conference filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 08/08/2011)
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                                                                                                                                          Legal Document (Payment Possibly Required) 24 Filed: 8/8/2011, Entered: None
                                                                                                                                          MOTION To Adjourn Hearing scheduled for August 9, 2011 to be adjourned due to plaintiff's failure to comply with Court's order by Goodness & Mercy, Inc.. (Gilliam, Harriet) Modified on 8/8/2011 (Lundy, Lisa). (Entered: 08/08/2011)
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                                                                                                                                            Legal Document (Payment Possibly Required) 23 Filed: 8/5/2011, Entered: None
                                                                                                                                            Letter RE Amended Statement of Damages by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Sweeney, Patrick) (Entered: 08/06/2011)
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                                                                                                                                              Legal Document (Payment Possibly Required) 22 Filed: 8/1/2011, Entered: None Court Filing
                                                                                                                                              SCHEDULING ORDER: An inquest on damages in the above-captioned case will be held on August 9, 2011 at 2:30 p.m., before E. Thomas Boyle, United States Magistrate Judge, in Courtroom 830, Alfonse M. DAmato U.S. Courthouse, Central Islip, New York. In anticipation of the above referenced inquest, plaintiffs counsel is directed to submit and serve on all parties a statement with respect to the amount of damages, including attorneys fees, to which they believe plaintiffs are entitled by August 5, 2011. This is an evidentiary hearing. Plaintiffs are directed to have any witnesses who can testify to damages present at the inquest. SEE Order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 8/1/2011. (Bacchus, Michael) (Entered: 08/01/2011)
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                                                                                                                                                Legal Document (Payment Possibly Required) 21 Filed: 7/22/2011, Entered: None
                                                                                                                                                CERTIFICATE OF SERVICE by Home Loan Investment Bank, F.S.B. re 20 Docket Call, Set Hearings,, (Sweeney, Patrick) (Entered: 07/22/2011)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 20 Filed: 6/21/2011, Entered: None Court Filing
                                                                                                                                                  Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Docket Call held on 6/21/2011, ( Evidentiary (Inquest) Hearing set for 8/9/2011 02:30 PM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (So ordered by Mag. Judge Boyle on 6/21/11).(Tape #2:58-3:06.) (Lundy, Lisa) (Entered: 06/21/2011)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 19 Filed: 6/20/2011, Entered: None
                                                                                                                                                    CERTIFICATE OF SERVICE by Home Loan Investment Bank, F.S.B. re 17 Letter, (Statement of Damages) (Sweeney, Patrick) (Entered: 06/20/2011)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 18 Filed: 6/20/2011, Entered: None
                                                                                                                                                      CERTIFICATE OF SERVICE by Home Loan Investment Bank, F.S.B. re 15 Scheduling Order,, 17 Letter, (Sweeney, Patrick) (Entered: 06/20/2011)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 17 Filed: 6/13/2011, Entered: None
                                                                                                                                                        Letter re Statement of Damages by Home Loan Investment Bank, F.S.B. (Attachments: # 1 Exhibit A-Note, # 2 Exhibit B-Mortgage, # 3 Exhibit C-Colalteral Mortgage, # 4 Exhibit D-Loan Transcript, # 5 Exhibit E-Historical Prime Rate, # 6 Exhibit F-Invoices, # 7 Exhibit G.1-Escrow Charges, # 8 Exhibit G.2-Escrow Charges, # 9 Exhibit H-Billing Rates) (Sweeney, Patrick) (Entered: 06/14/2011)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 16 Filed: 6/10/2011, Entered: None
                                                                                                                                                          CERTIFICATE OF SERVICE by Home Loan Investment Bank, F.S.B. re 15 Scheduling Order,, (Sweeney, Patrick) (Entered: 06/10/2011)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 15 Filed: 5/31/2011, Entered: None Court Filing
                                                                                                                                                            SCHEDULING ORDER: An inquest on damages in the above-captioned case will be held on June 21, 2011 at 2:30 p.m., before E. Thomas Boyle, United States Magistrate Judge, in Courtroom 830, Alfonse M. DAmato U.S. Courthouse, Central Islip, New York. In anticipation of the above referenced inquest, plaintiffs counsel is directed to submit and serve on all parties a statement with respect to the amount of damages, including attorneys fees, to which they believe plaintiffs are entitled by June 13, 2011. This is an evidentiary hearing. Plaintiffs are directed to have any witnesses who can testify to damages present at the inquest. SEE Order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 5/31/2011. (Bacchus, Michael) (Entered: 05/31/2011)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 14 Filed: 4/30/2011, Entered: None Court Filing
                                                                                                                                                              MEMORANDUM OF DECISION AND ORDER terminating 5 Motion for Entry of Default which was entered by the Clerk of the Court on December 6, 2010. DENYING the 11 Motion to Vacate 5 MOTION for Entry of Default against Defendants Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam. The Clerk of the Court is directed to randomly assign a U.S. Magistrate Judge to this case from the Long Island referral wheel. The parties are directed to report to the assigned U.S. Magistrate Judge for an inquest as to damages, including reasonable attorneys' fees and costs and any other additional relief. The Clerk of the Court is to note this referral. CASE REFERRED to Magistrate Judge E. Thomas Boyle. Ordered by Judge Arthur D. Spatt on 4/30/11. c/m by ecf (Mahon, Cinthia) (Entered: 05/04/2011)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 13 Filed: 12/29/2010, Entered: None
                                                                                                                                                                DECLARATION re 12 Memorandum in Opposition, by Home Loan Investment Bank, F.S.B. (Sweeney, Patrick) (Entered: 12/29/2010)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 12 Filed: 12/29/2010, Entered: None
                                                                                                                                                                  MEMORANDUM in Opposition re 11 MOTION to Vacate 8 Clerk's Entry of Default,, by Defendants Mary Gilliam, Harriet A. Gilliam and MOTION to Vacate 8 Clerk's Entry of Default,, by Defendants Mary Gilliam, Harriet A. Gilliam and MOTION to Vacate 8 Clerk's Entry of Default,, by Defendants Mary Gilliam, Harriet A. Gilliam and filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Main Document 12 replaced on 12/29/2010 due to a clerical error in the previous filing. This document has a re-generated notice of electronic filing to all parties) (Coleman, Laurie). Modified on 12/29/2010 (Coleman, Laurie). (Entered: 12/29/2010)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 11 Filed: 12/9/2010, Entered: None
                                                                                                                                                                    MOTION to Vacate 8 Clerk's Entry of Default,, by Defendants Mary Gilliam, Harriet A. Gilliam and by Goodness & Mercy, Inc.. (Attachments: # 1 Declaration, # 2 Exhibit Exhibit A to Gilliam Affirmation, # 3 Exhibit Exhibit B to Gilliam Affirmation, # 4 Exhibit Exhibit C to Gilliam Affirmation, # 5 Exhibit Exhibit D to Gilliam Affirmation, # 6 Exhibit Exhibit E to Gilliam Affirmation, # 7 Exhibit Exhibit F to Gilliam Affirmation, # 8 Memorandum in Support) (Gilliam, Harriet) (Entered: 12/09/2010)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 10 Filed: 12/7/2010, Entered: None Court Filing
                                                                                                                                                                      ORDER Re: 7 Motion for Extension of Time - In light of the notation of default entered in this action on 12/6/10, the Court denies the Plaintiffs' request for an extension of time to answer, without prejudice. The plaintiffs' may file a motion to vacate the default. Signed by Senior Judge Arthur D. Spatt on 12/7/10. (Coleman, Laurie) (Entered: 12/09/2010)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 9 Filed: 12/8/2010, Entered: None
                                                                                                                                                                        NOTICE of Appearance by Harriet A. Gilliam on behalf of Goodness & Mercy, Inc. (aty to be noticed) (Gilliam, Harriet) (Entered: 12/08/2010)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 8 Filed: 12/6/2010, Entered: None
                                                                                                                                                                          Clerk's ENTRY OF DEFAULT as to Harriet A. Gilliam, Mary Gilliam, Goodness & Mercy, Inc. The default of defts Goodness & Mercy, Inc., Mary Gilliam, and Harriet A. Gilliam is hereby noted pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. Copies mailed to all parties by Keith A. Jones on 12/6/2010. Motions terminated: 5 MOTION for Entry of Default against Defts Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam filed by Home Loan Investment Bank, F.S.B. (Glueckert, Lisa) (Entered: 12/06/2010)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 7 Filed: 12/6/2010, Entered: None
                                                                                                                                                                            MOTION for Extension of Time to File response by corporate and individual defendants by Goodness & Mercy, Inc.. (Attachments: # 1 Exhibit envelope, # 2 Exhibit letter, # 3 Exhibit modification letter, # 4 Exhibit home retention letter, # 5 Exhibit letter) (Gilliam, Harriet) (Entered: 12/06/2010)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 6 Filed: 11/30/2010, Entered: None
                                                                                                                                                                              AFFIDAVIT/DECLARATION in Support re 5 MOTION for Entry of Default against Defendants Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam filed by Home Loan Investment Bank, F.S.B.. (Sweeney, Patrick) (Entered: 11/30/2010)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 5 Filed: 11/30/2010, Entered: None
                                                                                                                                                                                MOTION for Entry of Default against Defendants Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Notation of Default) (Sweeney, Patrick) Modified on 5/2/2011 (Coleman, Laurie). Added MOTION for Default Judgment as to Goodness & Mercy, Inc., Mary Gilliam and Harriet A. Gilliam on 1/4/2012. (Mahon, Cinthia). (Entered: 11/30/2010)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 11/16/2010, Entered: None
                                                                                                                                                                                  SUMMONS Returned Executed by Home Loan Investment Bank, F.S.B.. Capital One Bank USA, N.A. served on 10/25/2010, answer due 11/15/2010; New York State Department Of Taxation & Finance served on 10/21/2010, answer due 11/12/2010; New York State Workers' Compensation Board served on 10/21/2010, answer due 11/12/2010. (Sweeney, Patrick) (Entered: 11/16/2010)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 11/16/2010, Entered: None
                                                                                                                                                                                    SUMMONS Returned Executed by Home Loan Investment Bank, F.S.B.. The United States Of America served on 10/14/2010, answer due 12/13/2010. (Sweeney, Patrick) (Entered: 11/16/2010)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 10/28/2010, Entered: None
                                                                                                                                                                                      SUMMONS Returned Executed by Home Loan Investment Bank, F.S.B.. Harriet A. Gilliam served on 10/15/2010, answer due 11/5/2010; Mary Gilliam served on 10/15/2010, answer due 11/5/2010; Goodness & Mercy, Inc. served on 10/15/2010, answer due 11/5/2010. (Sweeney, Patrick) (Entered: 10/28/2010)
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                                                                                                                                                                                        Blank 44 Filed: 3/31/2012, Entered: None Court Filing
                                                                                                                                                                                        MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that Judge Boyles 41 Report and Recommendation is accepted in part and modified in part as set forth herein. The Court grants the 5 default judgment, and awards the Plaintiff: (1) $509 ,460.35 in principal that is owed under the Note and Mortgage; (2) $50,067.77 in interest, with additional interest to be calculated through the date of judgment at a rate of $80.26 per day; (3) $25,343.65 in escrow fees; (4) $1,3 59.00 in miscellaneous fees; (5) $20,965.00 in attorneys fees; and (6) $3,213.90 in costs, and it is further ORDERED, that the Plaintiff is directed to submit to the Court within ten days of the date of this order, a calculation of the late fees accrued up to the date of the commencement of the foreclosure action, and it is further ORDERED, that the Plaintiff is afforded ten days from the date of this order to either move for a default judgment against the remaining defendants or the Court may dismiss the remaining defendants for failure to prosecute pursuant to Federal Rule of Civil Procedure 41. Ordered by Senior Judge Arthur D. Spatt on 3/30/12. (Coleman, Laurie)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 10/13/2010, Entered: None
                                                                                                                                                                                          COMPLAINT against Capital One Bank USA, N.A., John Doe Nos. 1-100, Harriet A. Gilliam, Mary Gilliam, Goodness & Mercy, Inc., New York State Department Of Taxation & Finance, New York State Workers' Compensation Board, The United States Of America Disclosure Statement on Civil Cover Sheet completed -No,, filed by Home Loan Investment Bank, F.S.B.. (Attachments: # 1 Exhibit A - B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F - H, # 6 Civil Cover Sheet) (McMahon, Carol) (Entered: 10/15/2010)
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