UNITED STATES OF AMERICA v. DUBARRY et al

Filing 88

ORDER adopting 78 Report and Recommendation. Pla United States of America's 47 motion for summary judgment is GRANTED as to its right to foreclose its lien and sell the subject property. Dft Deonne DuBarry's 58 moti on for summary judgment is DENIED. Dft Bank of America, NA shall submit documentation of the payoff amount as of the date of the court's acceptance of this recommendation. United States shall submit documentation of the current unpaid balance of the lien, including computation methods and citation to supporting authority. Distribution of proceeds of the foreclosure sale will be determined after the parties comply with paragraphs four (4) and five (5). Signed by District Judge M CASEY RODGERS on April 1, 2011. (kvg)

-EMT UNITED STATES OF AMERICA v. DUBARRY et al

Doc. 88

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

UNITED STATES OF AMERICA, Plaintiff, v. DEONNE DUBARRY, et al., Defendants. / ORDER This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated March 4, 2011. (Doc. 78). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections. Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's Report and Recommendation is adopted and Case No.: 3:09cv505/MCR/EMT

incorporated by reference in this order. 2. Plaintiff United States of America's motion for summary judgment (doc. 47)

is GRANTED as to its right to foreclose its lien and sell the subject property. 3. DENIED. 4. Defendant Bank of America, NA shall submit documentation of the payoff Defendant Deonne DuBarry's motion for summary judgment (doc. 58) is

amount as of the date of the court's acceptance of this recommendation.

Dockets.Justia.com

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5.

United States shall submit documentation of the current unpaid balance of

the lien, including computation methods and citation to supporting authority. 6. Distribution of proceeds of the foreclosure sale will be determined after the

parties comply with paragraphs four (4) and five (5). DONE AND ORDERED this 1st day of April, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

Case No.: 3:09cv505/MCR/EMT