Vivo Per Lei Inc v. Suliman Tanus

Filing 7

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY REMOVAL OF THIS ACTION WAS TIMELY by Judge Christina A. Snyder. Response to Order to Show Cause due by 6/13/2013. SEE ORDER. (im)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-3434-CAS (AJWx)

Title

VIVO PER LEI V. SULIMAN TANUS

Present: The Honorable

Date

May 30, 2013

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers:) ORDER TO SHOW CAUSE WHY
REMOVAL OF THIS ACTION WAS TIMELY

On July 2, 2012, plaintiff Vivo Per Lei, Inc., initiated the instant action in the Los
Angeles County Superior Court against defendant Suliman Tanus. Plaintiff alleges a
single claim for breach of contract. On May 14, 2013, defendant filed a notice of
removal to this court on the basis of diversity jurisdiction. See 28 U.S.C. § 1332.
Pursuant to 28 U.S.C. § 1446(b), a defendant must file the notice of removal within
30 days after being served with a copy of the complaint. It is unclear from defendant’s
notice of removal when defendant received a copy of the complaint or was otherwise on
notice that this action is subject to removal. Since this action was filed on July 2, 2012,
the removal of this case appears to be untimely.
Accordingly, defendant is hereby ORDERED to SHOW CAUSE within fourteen
(14) days why the notice of removal was filed in a timely fashion under 28 U.S.C.
§ 1446(b). Based on the foregoing deficiency, plaintiff may file a motion to remand on
or before June 13, 2013.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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