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15-5047 - Allstate Indemnity Company v. Collura et al


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15-5047 - Allstate Indemnity Company v. Collura et al
March 22, 2017
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MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; For the foregoing reasons, BNY's objections are OVERRULED, and the R&R is ADOPTED IN PART and REJECTED IN PART. Plaintiff's motion to deposit funds (Docket Entry 56) is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff may proceed under Statutory Interpleader but must deposit $363,000 with the Court. At that time, Plaintiff may request that it be discharged from the case. Plaintiff is directed to file a letter indicating if it is willing and able to deposit $363,000 with the Court within ten (10) days of the date of this Memorandum and Order. Additionally, Plaintiff's motion for a default judgment (Docket Entry 59) is GRANTED. The Clerk of the Court is directed to enter default judgments against Capital One Home Loans, LLC and Countrywide Home Loans, Inc. So Ordered by Judge Joanna Seybert on 3/22/2017. C/ECF (Valle, Christine)
February 5, 2018
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MEMORANDUM & ORDER granting in part and denying in part 91 Motion for Reconsideration; For the foregoing reasons, Allstate's motion for reconsideration (Docket Entry 91) is GRANTED IN PART and DENIED IN PART. Allstate is directed to deposit $69,596.04 with the Court within ten (10) days of the date of this Memorandum and Order. The Colluras are directed to file a stipulation of discontinuance dismissing their counterclaim against Allstate within fifteen (15) days of the date of this Memorandum and Order. After the deposit of the Settlement Amount and submission of the stipulation of discontinuance, Allstate will be dismissed from this action. However, as discussed above, if Allstate seeks to withhold the recoverable depreciation of $4,013.86 until proof of repairs is submitted, it will remain a party to the case until that issue is resolved. So Ordered by Judge Joanna Seybert on 2/5/2018. C/ECF (Valle, Christine)