Federal National Mortgage Association v. Estate of Bonnie Matulka, et al.

Filing 6

ORDER - IT IS ORDERED: The parties shall brief the issue of whether this court has federal subject matter jurisdiction over the above-captioned cases. The parties will brief the matter simultaneously, with the opening briefs to be filed on or be fore May 17, 2013, and any responsive briefs filed on or before May 31, 2013. No reply briefs will be allowed absent leave of the court. On or before May 10, 2013, the parties shall show cause why the above- captioned cases should not be consolidated for the purposes of pretrial motion practice and discovery, in the absence of which the cases will be consolidated for those purposes. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,

4:13CV3049; 4:13CV3051;
4:13CV3052; and 4:13CV3053

vs.
ORDER
MICHAEL MATULKA, individually and
as Personal Representative of the Estate of
Bonnie Matulka; ESTATE OF BONNIE
MATULKA, J. DOE, real name unknown,
parties in possession, any and all other
persons, partnerships, corporations or
entities of every type, kind, and description
whatsoever unknown, claiming any right,
title, estate, interest, equity, or lien
whatsoever in and to;
Defendants.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

4:13CV3050 and 4:13CV3054

Plaintiff,
ORDER
vs.
ROBERT T. MADEJ, BENTON STREET
MINISTRIES, MICHAEL J. MATULKA,
J. DOE, real name unknown, parties in
possession, any and all other persons,
partnerships, corporations or entities of
every type, kind, and description
whatsoever unknown, claiming any right,
title, estate, interest, equity, or lien
whatsoever in and to; and J. DOE, real
name unknown, parties in possession, any
and all other persons, partnerships,
corporations or entities of every type, kind,
and description whatsoever unknown,
claiming any right, title, estate, interest,
equity, or lien whatsoever in and to;
Defendants.

With the exception of case no. 4:13cv3049, the above captioned cases were
removed to this court on March 11, 2013. Case no. 4:13cv3049 was removed on March
19, 2013. Although the plaintiff has not filed a motion to remand, the court must review
subject matter jurisdiction sua sponte. See Bueford v. Resolution Trust Corp., 991 F.2d
481, 485 (8th Cir. 1993); Fed. R. Civ. P. 12(h)(3). The undersigned magistrate questions
whether federal subject matter jurisdiction exists over these cases.

Accordingly,
IT IS ORDERED:
1)
The parties shall brief the issue of whether this court has federal subject
matter jurisdiction over the above-captioned cases. The parties will brief the matter
simultaneously, with the opening briefs to be filed on or before May 17, 2013, and any
responsive briefs filed on or before May 31, 2013. No reply briefs will be allowed absent
leave of the court.
2)
On or before May 10, 2013, the parties shall show cause why the abovecaptioned cases should not be consolidated for the purposes of pretrial motion practice
and discovery, in the absence of which the cases will be consolidated for those purposes.
Dated this 1st day of May, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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