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03-578 - United States of America v. Salten et al


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03-578 - United States of America v. Salten et al
April 10, 2007
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ORDER ADOPTING REPORT AND RECOMMENDATION - Pending before the Court is the Report and Recommendation filed by Magistrate Judge Arlene R. Lindsay, dated 1/29/07. This Court ADOPTS the R&R in its entirety. The Court finds no clear error appears on the face of the record; accordingly, the Court may accept the recommendation despite the attempted service of the Report and Recommendation upon Dft. Ordered by Judge Joanna Seybert on 4/10/07. C/ECF; C/M (Valle, Christine)
April 29, 2013
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ORDER denying 108 Motion to Amend/Correct/Supplement; finding as moot 111 Motion for Extension of Time to File Response/Reply. Counsel for the Government, Thomas A. McFarland, Esq., is hereby ORDERED to serve a copy of this Order on Defendants and to file proof of service within seven (7) days. The Clerk of Court is directed to (1) terminate the appearance of Mr. McFarland on behalf of Defendant Howard Salten, which appears to have been entered in error, and (2) terminate Mr. Salten's motion for an extension, which is now moot. So Ordered by Judge Joanna Seybert on 4/29/2013. C/ECF (Valle, Christine)
September 30, 2013
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MEMORANDUM & ORDER re: 114 Plaintiff's Motion for Reconsideration, 123 Defendant's Motion to Dismiss and to permit Defendant to file an amended answer are DENIED. Counsel for Government is ORDERED to serve a copy of this Order on the pro se Defendants and file proof of service within 7 days. Ordered by Judge Joanna Seybert on 9/30/2013. (Nohs, Bonnie)
March 26, 2015
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MEMORANDUM & ORDER granting 128 Motion to Amend/Correct/Supplement; denying 134 Motion to Dismiss; denying 134 Motion for Leave to File; For the foregoing reasons, the Government's motion to correct the April 19, 2007 Judgment (Docket Entry 128) is GRANTED; and Mr. Salten's motion to vacate and for leave to file an amended answer (Docket Entry 134) is DENIED. The Clerk of the Court is directed to amend the April 19, 2007 Judgment so that the judgment is against Mr. Salten only. So Ordered by Judge Joanna Seybert on 3/26/2015. C/ECF; C/M (Valle, Christine)
March 10, 2017
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, the Court ADOPTS Judge Lindsay's R&R (Docket Entry 146) in its entirety. The Government's motion (Docket Entry 139) is GRANTED IN PART and DENIED IN PART. The Court GRANTS the Government's motion to the extent it requests the dismissal of defendants Patricia Salten and John Does #1-10, joinder of Brookhaven Memorial Hospital as a necessary defendant, and entry of a default judgment against defendants Margaret Salten and Brookhaven Memorial Hospital. The Government's motion is DENIED to the extent it requests the appointment of a special master to sell the Premises. The United States Marshal Service shall conduct the sale of the Premises. The Government is directed to submit a proposed Judgment of Foreclosure and Sale that conforms to the Court's directives within thirty (30) days of the date of this Memorandum and Order. The Government is also directed to serve a copy of this Memorandum and Order on Defendants and file proof of service on ECF within fourteen (14) days. The Clerk of the Court is directed to TERMINATE Patricia Salten and John Does #1-10 as defendants in this action. The Clerk of the Court is further directed to amend the caption to reflect the addition of Brookhaven Memorial Hospital as a defendant in this action. So Ordered by Judge Joanna Seybert on 3/10/2017. C/ECF (Valle, Christine)
January 10, 2018
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ORDER Judgment of Foreclosure and Sale. IT IS ORDERED AND ADJUDGED, that the default of Defendants MARGARET SALTEN and BROOKHAVEN MEMORIAL HOSPITAL be, and the same hereby is, noted; and it is further ORDERED AND ADJUDGED, that the Plaintiff have judgment herein for the sum of $95,323.51, with interest from November 28, 2017, through the date of entry of this Judgment of Foreclosure and Sale at the rate of $8.63 per day, and with interest thereafter at the legal rate; and for the sum of $1,013.12, as taxed by the Court for the costs and disbursements of plaintiff in this action, with interest as aforesaid, and it is further ORDERED AND ADJUDGED, that the mortgaged premises described in theComplaint and as hereinafter described, be sold in one parcel, subject to the following: any states of facts that an accurate survey may show; easements, covenants, restrictions or reservations of record, if any; zoning restrictions and any amendments thereto according to law, and now in force; existing violations and orders of the appropriate departments of any City, Town or Village, if any; the physical condition of the premises at the time of closing; and without any apportionment or adjustments; at public auction to be held in the lobby of the United States District Court, Eastern District of New York, Long Island Federal Courthouse, 100 Federal Plaza, Central Islip, New York by and under the direction of Bryan Mullee, the United States Marshal for the Eastern District of New York (the "Marshal"); that Plaintiff give public notice of the time and place of said sale according to federal law and the practice of this Court by advertising in the Suffolk edition of Newsday, a daily newspaper, once a week for at least four weeks prior to the sale, pursuant to 28 U.S.C. 202; that the Marshal give public notice of the time and place of said sale by posting a physical notice of the same in three (3) public locations in Suffolk County, NY, at least four (4) weeks prior to the sale. Plaintiff is directed to serve a copy of this Judgment of Foreclosure and sale on defendants and file proof of service on ECF within fourteen (14)days. Ordered by Judge Joanna Seybert on 1/10/2018. (Florio, Lisa)