Defendant could not properly remove this suit under 28 USC 1442, the federal officer removal statute.  The suit alleged that defendant’s privately developed and operated patient portal website improperly allowed tracking by Google and Meta, thus breaching plaintiffs’ privacy rights.  The mere “fact that a federal regulatory agency directs, supervises, and monitors a company’s activities in considerable detail the defendant’s business and its patient portal is not enough.  Defendant did not show that the patient portal carried out any governmental function.  Likewise, government incentive payments were insufficient to show that the private patient portal was undertaken at the direction of a federal officer.