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15-4395 - CIT Bank N.A. v. Elliott et al

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15-4395 - CIT Bank N.A. v. Elliott et al
July 8, 2016
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MEMORANDUM & ORDER: Judge Lindsays R&R (Docket Entry 28) is ADOPTED in itsentirety and Elliots motion to dismiss (Docket Entry 15) is DENIED. So Ordered by Judge Joanna Seybert on 7/8/2016. (Ortiz, Grisel)
March 31, 2018
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MEMORANDUM & ORDER granting in part and denying in part 53 Motion for Summary Judgment; For the foregoing reasons, Plaintiff's motion (Docket Entry 53) is GRANTED IN PART and DENIED IN PART. The Court GRANTS Plaintiff summary judgment against Elliott and DISMISSES WITH PREJUDICE Elliott's Answer with Counterclaims (Docket Entry 29). The Court DENIES WITHOUT PREJUDICE Plaintiff's requests for the appointment of a Referee to effectuate a sale of the Property and to disperse the funds from the sale, and for permission to treat the Answer as a limited Notice of Appearance. Plaintiff is GRANTED leave to file a motion for a judgment of foreclosure and sale that fully addresses these requests, contains support for its calculation of damages, suggests three candidates from which the Court can select a Referee, and attaches a proposed judgment. In its motion, Plaintiff is directed to brief the issue of whether the 2004 Mortgage and 2006 Mortgage control, or whether they were replaced and extinguished by the CEMA and Consolidated Mortgage. So Ordered by Judge Joanna Seybert on 3/31/2018. C/ECF (Valle, Christine)