Stein v. Chase Home Finance, LLC et al

Filing 139

ORDER. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1.United States Magistrate Judge Graham's July 2, 2010 Order 116 is AFFIRMED. 2. Plaintiff's Motion to Appeal Order Dated July 2, 2010 134 is DENIED. 3. Plaintiff's Motion for Emergency Stay of Summary Judgment Motion 133 is DENIED AS MOOT. (Written Opinion). Signed by Chief Judge Michael J. Davis on 7/19/10. (GRR)

Stein v. Chase Home Finance, LLC et al

Doc. 139

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________ KENATH RICHARD STEIN, Plaintiff, v. ORDER Civil File No. 091995 (MJD/JJG)

CHASE HOME FINANCE, LLC, and NATIONAL CITY BANK, Defendants. ________________________________________________________________ Kenath Richard Stein, pro se. Aleava Rael Sayre, Calvin P. Hoffman, and Marc D. Simpson, Leonard Street and Deinard, PA, Counsel for Defendant Chase Home Finance, LLC. Ben I. Rust, Peterson, Fram & Bergman, Counsel for Defendant National City Bank. _________________________________________________________________ The aboveentitled matter comes before the Court on Plaintiff Kenath Richard Stein's Motion for Emergency Stay of Summary Judgment Motion [Docket No. 133] and Motion to Appeal Order Dated July 2, 2010 [Docket No. 134]. This Court will reverse a magistrate judge's order on a nondispositive 1

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issue if it is clearly erroneous or contrary to law. 28 U.S.C. § 636(b)(1)(A); D. Minn. L.R. 72.2(a). The Court has reviewed the submissions and the record in this case and concludes that Magistrate Judge Jeanne J. Graham's July 2, 2010 Order is neither clearly erroneous nor contrary to law. Therefore, the July 2 Order is affirmed. Plaintiff's Motion for Emergency Stay of Summary Judgment Motion, requesting a stay while this Court decides Plaintiff's appeal of the July 2 Order, is denied as moot. Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. United States Magistrate Judge Graham's July 2, 2010 Order [Docket No. 116] is AFFIRMED. Plaintiff's Motion to Appeal Order Dated July 2, 2010 [Docket No. 134] is DENIED. Plaintiff's Motion for Emergency Stay of Summary Judgment Motion [Docket No. 133] is DENIED AS MOOT.

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Dated: July 19, 2010

s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court

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