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12-2744 - FirstMerit Bank, N.A. v. Miles & Miles Group, Inc. et al


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12-2744 - FirstMerit Bank, N.A. v. Miles & Miles Group, Inc. et al
July 23, 2013
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Interim Report and Recommendation: It is recommended that default judgment be entered against defendants, Miles & Miles Group, Inc., Barberton Tire & Auto Services, Inc., and Jack R. Baun and Carol S. Baun, that an order of foreclosure be entered on the property located at 600 W. Tuscarawas Avenue, Barberton, Ohio 44203, and that reasonable attorneys' fees be awarded in favor of plaintiff and against defendants, Miles & Miles Group, Inc. and Barberton Tire & Auto Service, Inc.; further, it is recommended that the Court enter summary judgment against the Summit County Treasurer, finding that the proceeds of the sale are subject to the Summit County Treasurer's lien; in addition, it is recommended that the Court sign the proposed order submitted by plaintiff (Related document 46). Signed by Magistrate Judge George J. Limbert on 7/23/13. (S,AA)
October 2, 2013
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Memorandum Opinion and Order adopting Report and Recommendation. The borrower, the co-borrower, and the Bauns are in default in these proceedings and that judgment is entered in favor of plaintiff and against the borrower, the co-borrower, and the Bauns. Judgment is entered in favor of plaintiff and against the borrower on the Note in the amount of $385,869.41. (Related Doc # 54). Judge Sara Lioi on 10/2/2013. (P,J) Modified text on 10/3/2013 (R,Sh).
November 5, 2013
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Report and Recommendation: Having reviewed the invoices and time sheets submitted in support of the final application for the payment of fees and expenses for Receiver and his counsel for the period of 7/1/13 through 10/15/13, and finding that the amounts billed are reasonable, it is recommended that the Court sign the proposed order submitted by the Receiver (Related document 63). Signed by Magistrate Judge George J. Limbert on 11/5/13. (S,AA)
January 7, 2014
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Opinion and Order: The Receiver's final application for fees and expenses is approved, in part (Doc. No. 63). The Court shall award the aggregate amount of $12,479.06, comprised of the following: (1) $750.00 as compensation for the Receiver's services; (2) $10.81 for expenses incurred by the Receiver; (3) $11,527.50 for attorney's fees, representing 46.25 attorney hours at $240.00 per hour ($11,100.00) and 4.75 paralegal hours at $90.00 per hour ($427.50); and (4) $190.75 for expenses incurred by the Taft law firm. All funds are to be paid pursuant to the terms of the Court's Order Appointing Receiver. The Court having entered final judgment in favor of plaintiff and ordered the disbursement of proceeds from the property to plaintiff, and now having ruled on the Receiver's final application for fees and expenses, this case is closed. Judge Sara Lioi on 1/7/2014. (S,He)