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Astoria Federal Savings and Loan v. Kim

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


October 23, 2007

ASTORIA FEDERAL SAVINGS AND LOAN, PLAINTIFF,
v.
KIM, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hochberg, District Judge

OPINION and ORDER

This matter having come before the Court upon Plaintiff Astoria Federal Savings and Loan's ("Astoria") October 6, 2007 Motion to Vacate the Stay and Reinstate the Foreclosure Proceedings, and the Court having considered Plaintiff's arguments on the papers pursuant to Federal Rule of Civil Procedure 78;*fn1 and

it appearing that in an October 11, 2007 order the Court deemed Plaintiff's Motion to Vacate the Stay and Reinstate the Foreclosure Proceedings a Motion to Enforce the Settlement Agreement pursuant to the Court's June 12, 2007 order retaining jurisdiction over the terms of the settlement agreement; and it appearing that in its October 11, 2007 order the Court ordered Defendants Kim and Kim to show cause by October 22, 2007 why this Court should not enter judgment against them in an amount equal to the outstanding balance under the parties' settlement agreement; and

it appearing that Defendants Kim and Kim have failed to show cause why the Court should not enter judgment against them in an amount equal to the outstanding balance under the parties' settlement agreement;

ACCORDINGLY IT IS on this 23rd day of October, 2007, thereby

ORDERED that Plaintiff Astoria have judgment against Defendants Kim and Kim in an amount equal to the outstanding balance under the parties' settlement agreement; and it is further

ORDERED that, pursuant to Federal Rule of Civil Procedure 55(b)(2), Plaintiff Astoria shall submit proof of the outstanding balance under the parties' settlement agreement by October 30, 2007.*fn2

HON. FAITH S. HOCHBERG, U.S.D.J.


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