Stein v. Chase Home Finance, LLC et al

Filing 40

ORDER. IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated January 5, 2010 31 , with the modifications as set forth above. 2. Plaintiff Kenath Richard Stein's Motion to Strike Notice of Removal 2 is DENIED. 3. Plaintiff's Motions to Consolidate Cases 26 , 28 are DENIED. Signed by Chief Judge Michael J. Davis on 2/2/10. (GRR)

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 upon the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham dated January 5, 2010. [Docket No. 31] Plaintiff Kenath Richard Stein filed objections to the Report and Recommendation. Pursuant to statute, the Court has conducted a de novo review of the 1

record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the Court ADOPTS the Report and Recommendation of United States Magistrate Judge Jeanne J. Graham dated January 5, 2010, with the exception that the Court strikes footnote two, and the second sentence in Section II(D) is amended to read as follows: "The motions for consolidation are identical, except that the motion dated December 15, 2009, seeks consolidation with Hennepin County District Court case file 27CV0917973, and the motion dated December 22, 2009, seeks consolidation with Hennepin County District Court case file 27CV0929825." Accordingly, based upon the files, records, and proceedings herein, IT IS HEREBY ORDERED that: 1. The Court ADOPTS the Magistrate Judge's Report and Recommendation dated January 5, 2010 [Docket No. 31], with the modifications as set forth above. Plaintiff Kenath Richard Stein's Motion to Strike Notice of Removal [Docket No. 2] is DENIED. Plaintiff's Motions to Consolidate Cases [Docket Nos. 26, 28] are DENIED.

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Dated: February 2, 2010

s/ Michael J. Davis Michael J. Davis Chief Judge United States District Court 2