Kinder et al v. Federal National Mortgage Association et al

Filing 31

Order Accepting 22 Findings and Recommendations: Plaintiffs' claims against GMAC Mortgage, LLC are SEVERED from this action. The clerk of court is directed to OPEN a new civil action and DIRECTLY ASSIGN it to Senior United States Distri ct Judge A. Joe Fish and Magistrate Judge David L. Horan. (Severed case number 3:14cv00645-G.) Because the claims against GMAC Mortgage, LLC are subject to 11 U.S.C. § 362(a)(1)'s automatic stay protections, the newly opened action for those claims shall be STAYED and ADMINISTRATIVELY CLOSED, subject to reopening only upon appropriate motion by plaintiffs or defendant GMAC Mortgage, LLC. (Ordered by Senior Judge A. Joe Fish on 2/19/2014) (twd)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KIRK KINDER, ET AL.,
Plaintiffs,
VS.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, ET AL.,
Defendants.

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CIVIL ACTION NO.
3:13-CV-4617-G (BN)

ORDER

The United States Magistrate Judge made findings, conclusions, and
recommendations in this case. Plaintiffs filed objections, and the district court has
made a de novo review of those portions of the proposed findings, conclusions, and
recommendation to which objection was made. The objections are overruled, and the
court ACCEPTS the findings, conclusions and recommendations of the United States
Magistrate Judge.
Plaintiffs’ claims against GMAC Mortgage, LLC are hereby SEVERED from
this action. The clerk of court is directed to OPEN a new civil action and
DIRECTLY ASSIGN it to Senior United States District Judge A. Joe Fish and

Magistrate Judge David L. Horan. Because the claims against GMAC Mortgage,
LLC are subject to 11 U.S.C. § 362(a)(1)’s automatic stay protections, the newly
opened action for those claims shall be STAYED and ADMINISTRATIVELY
CLOSED, subject to reopening only upon appropriate motion by plaintiffs or
defendant GMAC Mortgage, LLC.
Plaintiffs’ claims against Federal National Mortgage Association will proceed in
this case.
SO ORDERED.

February 19, 2014.

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A. JOE FISH
Senior United States District Judge

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