Lee E. Knowles v. A.W. Chesterton Company et al

Filing 51

ORDER TO SHOW CAUSE by Judge Dale S. Fischer re Remand to State Court. Response to Order to Show Cause due by 4/9/2012. See Minute Order for specifics. (dp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.
Title

Date

CV 12-2284 DSF (JCGx)

3/30/12

Lee E. Knowles, et al. v. A.W. Chesterton Co., et al.

Present: The Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE REMAND TO
STATE COURT

On March 19, 2012, Defendant Foster Wheeler removed this action from state
court based on 28 U.S.C. §§ 1442(a)(1) and 1446. Removal must take place within 30
days after the receipt of a removable pleading. 28 U.S.C. § 1446(b)(1). It appears that
Defendant received notice that the case was removable when it received a copy of
Plaintiff Lee E. Knowles’s Work History. (Notice of Removal ¶ 2, Ex. B.) The Work
History shows that Plaintiff seeks recovery based on exposure to asbestos while working
on the USS Morton, while employed by Bailey Controls. (Work History at 6.) Although
the Work History is Attached as “Exhibit A” to responses to interrogatories received on
February 16, 2012, Defendant states that the Work History was attached as Exhibit A to
Plaintiff’s Complaint, (Notice of Removal ¶ 2; see also Complaint 13 (referring to
Exhibit A)), which was served on Defendant on December 21, 2011, (Notice of Removal
¶ 2). Thus, it appears that the Complaint was removable, and that the March 19, 2012
removal was therefore untimely.
Defendant is ordered to show cause in writing by April 9, 2012 why this case
should not be remanded for untimely removal. If Plaintiff objects to removal, she must
file a notice of the objection within 30 days of the notice of removal being filed. 28
U.S.C. § 1447(c).

IT IS SO ORDERED.
CV-90 (12/02)

MEMORANDUM

Time Spent:
Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

CV-90 (12/02)

MEMORANDUM

Time Spent:
Page 2 of 2