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14-3247 - Franch et al v. HP Locate LLC et al


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14-3247 - Franch et al v. HP Locate LLC et al
November 16, 2015
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MEMORANDUM OPINION AND ORDER: The court vacates the Order of Reference (Doc. 33). Further, for the reasons herein set forth, the court grants Plaintiffs' Application (Doc. 32). (Ordered by Judge Sam A Lindsay on 11/16/2015) (bdb)
November 16, 2015
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MEMORANDUM OPINION AND ORDER: The court grants in part and denies in part the Motion of Plaintiffs for Summary Judgment Against Defendants (Doc. 36). In particular, Plaintiffs' summary judgment motion is granted with respect Plaintiffs' contract claims (Counts I and II) and request for turnover and foreclosure of the collateral pledged as security (Count III) against Defendants. Plaintiffs' request for an accounting is denied. Plaintiffs' request for attorney's fees in the amount of $7,080 and costs totaling $131 is granted. Plaintiffs' request for attorney's fees is otherwise denied. The court also overrules as moot the Motion of Plaintiffs to Strike Affidavit of Christopher D. Ganter in Support of Defendants' Opposition to Plaintiffs' Motion for Summary Judgment (Doc. 54). (Ordered by Judge Sam A Lindsay on 11/16/2015) (bdb)
January 19, 2017
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Findings, Conclusions, and Recommendation re: 68 Application of Plaintiffs for Turnover Relief Against Judgment Defendants, HP Locate, LLC d/b/a HP Debt Exchange, LLC, and HP Debt Exchange, LLC. Plaintiffs' application for turnover should be GRANTED. Defendants should be ordered to turnover the following property interests to Plaintiffs within 30 days after this recommendation is approved by the district judge: (1) any and all currently pending claims of Defendants in the arbitration proceeding HP Debt Exchange, LLC v. Wells Fargo Bank, N.A. and Absolute Resolutions Corp., AAA NY Arbitration No. 13-148-Y-01774-1201 RERK-C up to the amount of the Plaintiffs' judgment plus accrued interest; (2) any monies recovered by Defendants as a result of the arbitration proceeding, to the extent such monies are still in their possession and control, up to the amount of the Plaintiffs' judgment plus accrued interest; (3) all documents and records in Defendants' possession or control relevant to the pending arbitration proceeding, including the execution of a confidentiality waiver allowing Plaintiffs to intervene in the proceeding. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/19/2017) (mcrd)
February 7, 2017
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ant to the pending arbitration proceeding. (Ordered by Judge Sam A Lindsay on 2/7/2017) (epm) Order 79 Accepting Findings and Recommendations and granting 68 Application for Turnover Relief Against Judgment. The court orders Defendants to turnover, by 3/7/2017, the following property interests to Plaintiffs: (1) any and all currently pending claims of Defendants in the arbitration proceeding #13-148-Y-01774-1201 RERK-C, up to the amount of Plaintiffs' judgment in this case plus accrued interest, (2) any monies recovered by Defendants as a result of the aforementioned arbitration proceeding, to the extent such monies are still in their possession and control, up to the amount of Plaintiffs' judgment in this case plus accrued interest, and (3) all documents and records in Defendants' possession or control relev