Home Equity Loan Trust, Series 2007-1 v. Podesta et al
Order by Hon. Ronald M. Whyte adopting 3 Report and Recommendations and remanding.(rmwlc2, COURT STAFF) (Filed on 4/11/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
SAN JOSE DIVISION
HSBC BANK USA et al.
Case No. C-12-02646-RMW
ORDER ADOPTING REPORT AND
FRANK A. PODESTA,
[Re Docket No. 3]
The court adopts the report and recommendation of Magistrate Judge Lloyd. Dkt. No. 3. No
objections were filed to the recommendation. Removal was not proper because there is no federal
question. The underlying action is only based on state law claims; defenses and counterclaims
asserted by the defendant under federal law are not sufficient. See Vaden v. Discovery Bank, 129 S.
Ct. 1262, 1272 (2009). Therefore, the court remands the case to the Santa Cruz County Superior
Dated: April 11, 2013
RONALD M. WHYTE
United States District Judge
ORDER ADOPTING R&R AND REMANDING
CASE NO. C-12-02646-RMW
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?