Opinion
NO. CIV. 2:12-1771 WBS KJN NO. CIV. 2:12-1749 WBS CKD
09-26-2012
VICTOR BURACHEK and NATALIA BURACHEK, Plaintiffs, v. CHASE HOME FINANCE, LLC, NORTHWEST TRUSTEE SERVICES, INC., SETERUS, INC., formerly known as Lender Business Process Services, Inc., FREEDOM HOME MORTGAGE CORPORATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, FEDERAL NATIONAL MORTGAGE ASSOCIATION, and DOES 1 through 100 inclusive, Defendants. BERNIE MALIXI and KATHERINE A. MALIXI, Plaintiffs, v. U.S. BANK, N.A., DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., DSL SERVICE COMPANY, a California corporation, FCI LENDER SERVICES, and DOES 1-10 inclusive, Defendants.
ORDER OF RECUSAL
It has come to the court's attention that one of the defendants in Civ. No. 2:12-1771 is a wholly owned subsidiary of a corporation in which the undersigned judge has a financial interest within the meaning of 28 U.S.C. § 455(b)(4). The undersigned judge is accordingly required to recuse from all proceedings in that case.
IT IS THEREFORE ORDERED that the Clerk of the Court reassign Civ. No. 2:12-1771 to another judge for all further proceedings, making appropriate adjustments in the assignments of civil cases to compensate for such reassignment.
IT IS FURTHER ORDERED that (1) the court's August 31, 2012, Order granting defendants Chase Home Finance, LLC, Mortgage Electronic Registration Systems, and Northwest Trustee Services, Inc.'s motion to dismiss (Civ. No. 2:12-1771, Docket No. 21) is hereby VACATED and SET ASIDE; (2) the court's joint September 24, 2012, Order imposing sanctions in Civ. No. 2:12:1771 (Docket No. 23), and in Civ. No. 2:12-1749 (Docket No. 11) is hereby VACATED and SET ASIDE in its entirety; and (3) any dates previously set in Civ. No. 2:12:1771 are hereby VACATED.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE