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16-146 - Ditech Financial LLC v. Frantz et al


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16-146 - Ditech Financial LLC v. Frantz et al
March 29, 2017
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MEMORANDUM-DECISION AND ORDER denying 30 Motion for Default Judgment: The Court hereby ORDERS that Plaintiff's motion for default judgment (Dkt. No. 30) is DENIED; and the Court further ORDERS that the Clerk of Onondaga County in the State of New York vacate Plaintiff's notice of pendency filed on January 27, 2016 (Dkt. No. 6);5 and the Court further ORDERS that Plaintiff shall serve a copy of this Memorandum-Decision and Order on the Clerk of Onondaga County in the State of New York by Certified Mail, Return Receipt Requested, and file the returned receipt using the Court's electronic filing system; and the Court further ORDERS that Plaintiff is permitted to resubmit this motion for default judgment upon the submission of a letter indicating that request together with a copy of a properly filed notice of pendency. Signed by U.S. District Judge Mae A. D'Agostino on 3/29/2017. (ban)
May 2, 2018
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ORDER granting 30 Motion for Default Judgment; granting 39 Motion for Reconsideration: The Court hereby ORDERS that Plaintiff's motion for reconsideration (Dkt. No. 39) of the Court's March 29, 2017 Memorandum-Decision and Order (Dkt. No. 33) is GRANTED; and the Court further ORDERS that Plaintiff's motion for default judgment (Dkt. No. 30) is GRANTED; and the Court further ORDERS that the Clerk of the Court enter judgment in Plaintiff's favor and close this case; and the Court further ORDERS that the Clerk of Onondaga County in the State of New York shall not vacate the notice of pendency filed on January 27, 2016; and the Court further ORDERS that Plaintiff shall serve a copy of this Order on the Clerk of Onondaga County in the State of New York by Certified Mail, Return Receipt Requested, and file the returned receit using the Court's electronic filing system; and the Court further ORDERS that the Clerk of the Court serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/2/2018.(ban)