Davidson

The Bank of New York Mellon v. Davidson

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20211:17-cv-01335California2,063 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BANK OF NEW YORK MELLON, No. 1:17-cv-01335-DAD-EPG Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS ACTION BE

v. REMANDED FOR LACK OF SUBJECT-

MATTER JURISDICTION

BRENDA L. DAVIDSON, et al.,

FOURTEEN-DAY DEADLINE

Defendants.

ORDER DISCHARGING ORDER TO SHOW

CAUSE (ECF No. 55) 18 Plaintiff Bank of New York Mellon (“Plaintiff”) commenced this action by filing suit in the Superior Court of the State of California, County of Tulare on August 7, 2017. (ECF No. 1-1 at 6). The United States, then a defendant, removed the action under 28 U.S.C. §§ 1442(a)(1) and 1444 on October 4, 2017. (ECF No. 1). Because the United States is no longer a party and there is no other basis for federal jurisdiction, the Court recommends remanding this matter back to state court. In addition, for the reasons that follow, the Court discharges its orders to Plaintiff…

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