(PS) Ganchenko v. Countrywide Financial Corporation et al, No. 2:2009cv02261 - Document 17 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 11/19/2009 RECOMMENDING that this action be remanded to the Superior Court of California, County of Sacramento; Referred to Judge John A. Mendez; and Objections due 10 days after being served with these F & R's. (Reader, L)
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(PS) Ganchenko v. Countrywide Financial Corporation et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEKSANDR GANCHENKO, Plaintiff, 11 12 13 No. CIV S-09-2261 JAM KJM PS vs. COUNTRYWIDE FINANCIAL CORP., et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 This action was removed from state court because plaintiff alleged violations of 16 17 the Fair Debt Collection Practice Act (“FDCPA”), 15 U.S.C. § 1692 et seq.; the Real Estate 18 Settlement Procedures Act (“RESPA”), 12 U.S.C. Sections 2601 et seq. to 2617; and 19 15 U.S.C. Section 1639(h). Plaintiff has now filed a first amended complaint in which no federal 20 causes of action are alleged. The action should therefore be remanded under 28 U.S.C. 21 § 1367(c). 22 23 24 Accordingly, IT IS HEREBY RECOMMENDED that the above-entitled action be remanded to the Superior Court of California, County of Sacramento. These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within ten 26 days after being served with these findings and recommendations, any party may file written 1 Dockets.Justia.com 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections 3 shall be served and filed within ten days after service of the objections. The parties are advised 4 that failure to file objections within the specified time may waive the right to appeal the District 5 Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: November 19, 2009. 7 006 8 ganchenko.rem 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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