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13-253 - Assets Recovery Center Investments, LLC v. Smith et al


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13-253 - Assets Recovery Center Investments, LLC v. Smith et al
July 15, 2014
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Pollak's R&R as the opinion of the Court. Accordingly, plaintiffs motions are denied, with the exception that plaintiffs motion to substitute John Smith for John Doe No. 1 and dismiss the claims against the remaining John Does is granted. Ordered by Chief Judge Carol Bagley Amon on 7/11/2014. (fwd for judgment) (Fernandez, Erica)
April 8, 2016
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court concludes that Assets Recovery is entitled to the following amounts: (1) $765,432.35 for repayment of the principal amount due under the note; (2) $4,872.92 in late fees; (3) interest on the principal from October 1, 2008 through the date of entry of judgment at a per diem rate of $142.60; and (4) $22,472.752 in taxes and insurance advances. To facilitate the resolution of this action, Assets Recovery shall submit within one week of the date of this Order (1) a revised proposed Judgment of Foreclosure and Sale consistent with this Order, which includes space for the Court to insert the amount of interest as appropriate on the date judgment is entered and identifies a location to hold the auction other than the Theodore Roosevelt United States Courthouse, and (2) a letter informing the Court how Assets Recovery intends to proceed with respect to the remaining defendants. Ordered by Chief Judge Carol Bagley Amon on 4/8/2016. (Fernandez, Erica)