In Re Patrick Fagundes

Filing 8

ORDER signed by Chief Judge Morrison C. England, Jr on 6/24/14 PARTIALLY REMANDING CASE to Bankruptcy Court. The 6 OSC is VACATED. The parties shall DISREGARD the 6/4/14 Minute Orders (Docs. 5 and 6). (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK FAGUNDES,

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Appellant,

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No. 2:14-cv-00864-MCE

v.

ORDER

JESBIR BRAR, et al.,

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Appellees.

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On August 21, 2013, Appellant Patrick Fagundes (“Appellant”) filed an adversary

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proceeding against Defendants JPMorgan Chase and Jesbir Brar (“Brar”) in the U.S.

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Bankruptcy Court for the Eastern District of California. See ECF No. 1, Case No. 2:13-

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ap-2261. On March 26, 2014, Appellant filed a Notice of Appeal with the Bankruptcy

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Court.1 Brar elected to have the appeal heard by the U.S. District Court.2

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Appellant appears to be challenging the Bankruptcy Court's Orders denying Appellant's Motion to
Recuse Judge Michael S. McManus and denying Appellant's Motion to Enter Default. See ECF Nos. 124,
138, Case No. 2:13-ap-2261.
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This Court’s previous order, ECF No. 6, directing Appellant to show cause as to why this matter
should not be dismissed pursuant to Federal Rule of Civil Procedure 41 is VACATED. The parties are
directed to disregard the Court’s June 4, 2014 Minute Orders, ECF Nos. 5-6, which were docketed in error.

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A review of the bankruptcy docket in adversary proceeding 2:13-ap-2261indicates

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that the underlying action is ongoing.3 Pursuant to Local Rule 145(b), this matter is

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PARTIALLY REMANDED to the Bankruptcy Court for a recommendation concerning the

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finality of the judgment(s), order(s) or decree(s) from which Appellant Patrick Fagundes

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seeks relief. See ECF Nos. 124, 138, Case No. 2:13-ap-2261. If the Bankruptcy Court

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advises the District Court that the judgment, order or decree is not final but interlocutory,

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the Bankruptcy Court shall make a recommendation to the District Court whether leave

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to appeal should be granted. See E.D. Cal. Local Rules 145.

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As set forth above, this matter is PARTIALLY REMANDED to the Bankruptcy

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Court. The Clerk of the Court SHALL SERVE a copy of this order on the United States

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Bankruptcy Court, Eastern District of California, for filing on the docket for adversarial

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proceeding Patrick Fagundes v. JPMorgan Chase, et. al., Case No. 2:13-ap-2261.

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IT IS SO ORDERED.
Dated: June 24, 2014

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A status conference regarding Appellant’s Complaint is currently set for August 20, 2014. See
ECF No. 145, 2:13-ap-2261.

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