Federal National Mortgage Association v. Elizabeth Sanchez Moreno et al

Filing 8

MINUTES OF IN CHAMBERS ORDER held before Judge Gary A. Feess: Defendants are ORDERED TO SHOW CAUSE no later than Wednesday, August 18, 2010, why this case should not be remanded to state court for procedural defects in the removal. To adequately satisfy this order, Defendants must provide the Court with the date they were served with the underlying complaint. The Court reminds Fannie Mae that any remand motion must be filed within 30 days of the removal date. 28 U.S.C. §1447(c). (rfi)

LINK: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 10-1056 GAF (OPx) Date August 10, 2010 Federal National Mortgage Association v. Elizabeth Sanchez Moreno et al

Present: The Honorable Renee Fisher Deputy Clerk Attorneys Present for Plaintiff: None Proceedings: (In Chambers)

GARY ALLEN FEESS None Court Reporter / Recorder None N/A Tape No.

Attorneys Present for Defendant:

ORDER TO SHOW CAUSE On May 17, 2010, Plaintiff Federal National Mortgage Association ("Fannie Mae") filed this unlawful detainer action against Defendants Elizabeth Sanchez Moreno and Humberto A. Moreno (collectively, "Defendants") in San Bernardino County Superior Court. (Not., Ex. A [Complaint].) More than two months later, on July 27, 2010, Defendants removed the lawsuit to this Court. (Docket No. 4.) After review of the removal notice, the Court cannot conclude whether Defendants' removal complies with the 30-day time limit of 28 U.S.C. § 1446(b). Defendants have neither alleged nor provided any evidence regarding the date they were served with the complaint. Without additional information regarding the date of service of process, this Court cannot determine whether Defendants timely filed for removal as required by 28 U.S.C. § 1446(b). Accordingly, Defendants are ORDERED TO SHOW CAUSE no later than Wednesday, August 18, 2010, why this case should not be remanded to state court for procedural defects in the removal. To adequately satisfy this order, Defendants must provide the Court with the date they were served with the underlying complaint. The Court reminds Fannie Mae that any remand motion must be filed within 30 days of the removal date. 28 U.S.C. § 1447(c). IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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