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14-7470 - CIT Bank, N.A. v. Howard et al


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14-7470 - CIT Bank, N.A. v. Howard et al
October 27, 2016
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MEMORANDUM AND ORDER: Plaintiff's motion for summary judgment is denied without prejudice to re-filing a motion which cures the defects identified herein. That motion shall be filed on or before November 28, 2016, and should: 1. Annex to the Notice of Motion a properly captioned Statement of Material Facts which complies with the dictates of Local Civil Rule 56.1; 2. Provide some legal analysis with respect to whether the Note is a negotiable instrument, as defined in N.Y. U.C.C. ยง 1-201(21); 3. Ensure that the stamped indorsements on the original Note are entirely legible in the photocopies provided to the Court; 4. Provide a fuller explanation regarding the various indorsements, including some explanation of how the FDIC became involved, when the indorsements to IndyMac were made, and what authorized Plaintiff's employees to sign documents on behalf of the FDIC and MERS; and 5. Provide evidence in admissible form that Plaintiff possessed the Note at the time it commenced this action. The Court defers decision with respect to Plaintiff's remaining motions. The Court notes, however, that Plaintiff does not need a Court order to dismiss its claims against the Doe defendant. Plaintiff can voluntarily dismiss this defendant by filing a notice of dismissal. Ordered by Judge Sandra L. Townes on 10/26/2016. (Brucella, Michelle)
June 15, 2018
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ORDER granting plaintiff's 58 motion for summary judgment against defendant Howard; granting plaintiff's motion for default judgment against PNC and ECB; and granting plaintiff's motion to amend the case caption. In order to effectuate foreclosure and sale, Plaintiff is directed to submit, on or before July 13, 2018, (i) affidavits and supporting documentation sufficient for the Court to determine the amount due under the Note and (ii) a revised proposed judgment of foreclosure and sale. Any defendant who wishes to oppose these submissions may do so within fifteen (15) days of the date that the submissions are filed. Ordered by Judge I. Leo Glasser on 6/15/2018. (O'Brien, Luke)