MEMORANDUM ***

The parties agree this matter should be remanded to the Eastern District of California for consideration of a new trial motion based on newly discovered evidence prior to this Court resolving the issues in this appeal. The parties dispute only whether the Court should reassign this matter on remand. The Court denies the request to reassign, as there is no evidence of personal bias and no unusual circumstances exist to support reassignment. McSherry v. City of Long Beach, 423 F.3d 1015, 1023 (9th Cir. 2005); Hernandez v. City of El Monte, 138 F.3d 393, 402 (9th Cir. 1998). All issues raised in Appellant’s Opening Brief in this appeal are preserved for later appeal in the event the district court denies the motion for new trial.

REMANDED.