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Eberle v. PHH Mortgage Corp.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 2, 2009

MICHAEL J. EBERLE II AND TANIA R. EBERLE, PLAINTIFFS,
v.
PHH MORTGAGE CORPORATION, WILLIAM G. MALCOLM, KEVIN HAHN, MALCOLM CISNEROS, AND DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER DENYING MOTION TO DISQUALIFY

[Motion filed on May 26, 2009]

On May 11, 2009, Judge Klausner dismissed this action without prejudice. Two weeks later, pro se Plaintiffs filed the present motions, styled as a "Motion to Vacate Statements of Fact," purportedly pursuant to Federal Rule of Civil Procedure 60(b)(4), and a "Notice and Demand for Nihil Judgment." These motions are essentially incoherent. However, because Plaintiffs make a number of allegations regarding Judge Klausner's conduct as a judicial officer, the motions were construed as motions to disqualify, which resulted in referral to this Court.

The Court finds that there is no basis for Plaintiffs' allegations or motions to disqualify, which are frivolous and unsupported. Accordingly, they are DENIED and the hearing date VACATED.

IT IS SO ORDERED.

20090602

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