Kingman Holdings, LLC v. U.S. Bank National Association

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Motion to Vacate, 10 Motion to Remand to State Court, and 8 Motion to Vacate. The Final Default Judgment signed by the 219th District Court of Collin County on 5/1/2015 be VACATED AND SET ASIDE. Signed by Judge Ron Clark on 6/1/2016. (pad, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
KINGMAN HOLDINGS, LLC,

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Plaintiff,
VS.
U.S. BANK NATIONAL ASSOCIATION,
Defendant.

Case No. 4:15cv588
(Judge Clark/Judge Bush)

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND
ORDER VACATING FINAL DEFAULT JUDGMENT
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On May 3, 2016, the report of the Magistrate Judge was entered containing proposed findings
of fact and recommendations that Plaintiff’s Motion to Remand (Dkt. # 10) be DENIED, that
Defendant U.S. Bank N.A., as Trustee’s Motion and Amended Motion to Vacate Default Judgment
(Dkts. ## 3 & 8) be GRANTED, that the Final Default Judgment signed in this cause by the 219th
District Court of Collin County, Texas, on May 1, 2015 in Cause No. 219-04912-2014 be
VACATED and SET ASIDE, and that this case should proceed in this court.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s recommendations as the findings and
conclusions of the court. Therefore, Plaintiff’s Motion to Remand (Dkt. # 10) is DENIED,

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Defendant U.S. Bank N.A., as Trustee’s Motion and Amended Motion to Vacate Default Judgment
(Dkts. ## 3 & 8) is GRANTED, the Final Default Judgment signed in this cause by the 219th District
Court of Collin County, Texas, on May 1, 2015 in Cause No. 219-04912-2014 is hereby
VACATED and SET ASIDE, and this case shall proceed in this court. See Thompson v. Deutsche
Band Nat. Trust, 775 F.3d 298, 305-306 (5th Cir. 2014).
So ORDERED and SIGNED this 1 day of June, 2016.

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Ron Clark, United States District Judge

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