Home Equity Loan Trust, Series 2007-1 v. Podesta et al

Filing 6

Order by Hon. Ronald M. Whyte adopting 3 Report and Recommendations and remanding.(rmwlc2, COURT STAFF) (Filed on 4/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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HSBC BANK USA et al.
Plaintiffs,

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Case No. C-12-02646-RMW
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REMANDING

v.
FRANK A. PODESTA,
Defendant.

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[Re Docket No. 3]

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The court adopts the report and recommendation of Magistrate Judge Lloyd. Dkt. No. 3. No

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objections were filed to the recommendation. Removal was not proper because there is no federal

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question. The underlying action is only based on state law claims; defenses and counterclaims

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asserted by the defendant under federal law are not sufficient. See Vaden v. Discovery Bank, 129 S.

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Ct. 1262, 1272 (2009). Therefore, the court remands the case to the Santa Cruz County Superior

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Court.

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Dated: April 11, 2013

_________________________________
RONALD M. WHYTE
United States District Judge

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ORDER ADOPTING R&R AND REMANDING
CASE NO. C-12-02646-RMW
SW

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