(PS) Federal National Mortgage Association v. Bridgeman et al, No. 2:2010cv02619 - Document 59 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 1/18/11 VACATING the hearing on the 35 Motion to Dismiss; the motion may be re-filed if the District Judge does not adopt the Magistrate's Findings and Recommendations. (Manzer, C)

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(PS) Federal National Mortgage Association v. Bridgeman et al Doc. 59 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FEDERAL NATIONAL MORTGAGE ASSOCIATION, 11 Plaintiff, No. 2:10-cv-02619 JAM KJN PS 12 v. 13 14 15 HARLEY S. BRIDGEMAN, JR.; CHANDA J. BRIDGEMAN, Defendants. ORDER / 16 17 AND RELATED COUNTER-CLAIMS AND THIRD-PARTY CLAIMS __________________________________/ 18 19 On December 20, 2010, the undersigned entered proposed findings and 20 recommendations recommending that this entire case be remanded to California Superior Court 21 and that third-party defendant United States of America’s motion to dismiss be denied for want 22 of subject matter jurisdiction. (Findings & Recommendations, Dec. 20, 2010, Dkt. No. 52.) In 23 light of the findings and recommendations pending before the United States District Judge 24 assigned to this case, IT IS HEREBY ORDERED that: 25 26 1. The hearing on third-party defendant United States of America’s motion to dismiss (Dkt. No. 35), which is presently set for January 27, 2011, is vacated. 1 Dockets.Justia.com 1 2. If the United States District Judge assigned to this case does not adopt the 2 pending findings and recommendations such that this case remains in federal court and before the 3 undersigned, the United States may re-file and notice its motion to dismiss consistent with the 4 court’s Local Rules. 5 6 IT IS SO ORDERED. DATED: January 18, 2011 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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