HSBC Bank USA et al v. Renner et al

Filing 11

ORDER signed by Judge Kimberly J. Mueller on 6/24/13 ADOPTING IN FULL 10 Findings and Recommendations; REMANDING CASE to Amador County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Meuleman, A)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR SEMT 2007-2, BY WELLS FARGO BANK, N.A., 12 Plaintiff, 13 vs. 14 15 Case No. 2:13-cv-0608 KJM DAD PS RANDALL J. RENNER; ROSEMARY L. RENNER, ORDER 16 Defendants. 17 / 18 Defendants are proceeding pro se in the above-entitled action. The matter was 19 20 referred to a United States Magistrate Judge under Local Rule 302(c)(21). On April 5, 2013, the magistrate judge filed findings and recommendations, 21 22 which were served on the parties and which contained notice that any objections to the findings 23 and recommendations were to be filed within fourteen days after service of the findings and 24 recommendations. The fourteen-day period has expired, and no party has filed objections to the 25 findings and recommendations. 26 ///// 1 1 Although it appears from the docket that defendants’ copies of the findings and 2 recommendations were returned as undeliverable and unable to be forwarded, defendants were 3 properly served. It is the defendants’ responsibility to keep the court apprised of their current 4 address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of 5 the party is fully effective. 6 The court presumes that any findings of fact are correct. See Orand v. United 7 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 8 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 9 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 10 be supported by the record and by the proper analysis. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. The findings and recommendations filed April 5, 2013 (Doc. No. 10) are 13 adopted in full; 14 2. This action is summarily remanded to the Amador County Superior Court; and 15 3. This case is closed. 16 DATED: June 24, 2013. 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?