Marie Cusick v. Kohl's Department Stores Inc et al

Filing 7

ORDER TO SHOW CAUSE Re remand to State Court by Judge Dale S. Fischer Response to Order to Show Cause due by 1/3/2012. See Minute Order for specifics. (dp)

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

Case No.
Title

Date

CV 11-1970 DSF (OPx)

12/22/11

Marie Cusick v. Kohl’s Department Stores, Inc.

Present: The Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Pamela Batalo
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings:

(IN CHAMBERS) ORDER RE REMAND TO STATE COURT

On December 14, 2011, Defendant removed this action from state court, claiming
subject matter jurisdiction based on 28 U.S.C. § 1332, otherwise known as diversity
jurisdiction. Removal must take place within 30 days after the receipt of a removable
pleading. 28 U.S.C. § 1446(b)(1). Defendant’s agent for service of process was served
on October 19, 2011. (Notice of Removal ¶ 2; Holly Decl. ¶ 3.) It appears that
Defendant’s December 14 removal was untimely, and Defendant does not contend
otherwise in its Notice of Removal.
Defendant is ordered to show cause in writing by January 3, 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:
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