Cedars-Sinai Medical Center v. American Apparel Inc et al

Filing 7

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: REMAND by Judge Fernando M. Olguin. Response to Order to Show Cause due by 10/11/2013. (jloz)

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

CV 13-6564 FMO (Ex)

Title

Cedars-Sinai Medical Center v. American Apparel, Inc., et al.

Present: The Honorable

Date

September 30, 2013

Fernando M. Olguin, United States District Judge

Julieta Lozano

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Remand

On September 06, 2013, this action was removed to this court pursuant to 28 U.S.C. §
1441. However, the jurisdictional allegations appear to be defective because although removal
is on the basis of federal question jurisdiction pursuant to 28 U.S.C. § 1331, it appears that the
claims may not “arise under” federal law.
Accordingly, IT IS ORDERED that:
1. No later than October 11, 2013, defendant shall show cause in writing why this action
should not be remanded for the reason noted above. Plaintiff may submit a response in the same
time period. If plaintiff wishes to move for remand based on a procedural defect, plaintiff must file
a regularly noticed motion for remand no later than October 6, 2013. See 28 U.S.C. § 1447(c).
Failure to respond to the OSC by the deadline set forth above shall be deemed as consent
to the remand of the action to state court.
2. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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jloz

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