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)

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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. 00 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 jloz Page 1 of 1

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