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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California SAN JOSE DIVISION 11 12 HSBC BANK USA et al. Plaintiffs, 13 14 15 Case No. C-12-02646-RMW ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING v. FRANK A. PODESTA, Defendant. 16 [Re Docket No. 3] 17 18 19 The court adopts the report and recommendation of Magistrate Judge Lloyd. Dkt. No. 3. No 20 objections were filed to the recommendation. Removal was not proper because there is no federal 21 question. The underlying action is only based on state law claims; defenses and counterclaims 22 asserted by the defendant under federal law are not sufficient. See Vaden v. Discovery Bank, 129 S. 23 Ct. 1262, 1272 (2009). Therefore, the court remands the case to the Santa Cruz County Superior 24 Court. 25 26 Dated: April 11, 2013 _________________________________ RONALD M. WHYTE United States District Judge 27 28 ORDER ADOPTING R&R AND REMANDING CASE NO. C-12-02646-RMW SW -1-

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?