Victor Whitsett v. USAA Casualty Insurance Company

Filing 9

ORDER (IN CHAMBERS) by Judge Andrew J. Guilford: TO SHOW CAUSE RE REMAND TO STATE COURT Defendant is ORDERED to show cause in writing within 14 days of this Order why this action should not be remanded. If Defendant fails to do so, this case will be remanded. Plaintiff may submit a response within seven days of Defendants filing. (mba)

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

Case No.

SACV 14-0494 AG (RNBx)

Title

April 21, 2014

VICTOR WHITSETT v. USAA CASUALTY INS. CO.

Present: The Honorable

ANDREW J. GUILFORD

Lisa Bredahl
Deputy Clerk

None Present
Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

[IN CHAMBERS] ORDER TO SHOW CAUSE RE REMAND TO
STATE COURT

Defendant USAA Casualty Insurance Company (“Defendant”) filed a Notice of Removal in this
case on April 1, 2014. The procedure for removal is set forth in 28 U.S.C. § 1446, which
provides:
The notice of removal of a civil action or proceeding shall be filed within
30 days after the receipt by the defendant, through service or otherwise, of
a copy of the initial pleading setting forth the claim for relief upon which
such action or proceeding is based, or within 30 days after the service of
summons upon the defendant if such initial proceeding has then been filed
in court and is not required to be served on the defendant, whichever
period is shorter.
28 U.S.C. § 1446(b).
Here, Defendant states that it was first served with the Summons and Complaint in this case on
February 27, 2014. The Notice of Removal was filed more than 30 days after Defendant says it
was served with the Complaint. Removal appears to be untimely under 28 U.S.C. § 1446.
Accordingly, Defendant is ORDERED to show cause in writing within 14 days of this Order
why this action should not be remanded. If Defendant fails to do so, this case will be remanded.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

Case No.

SACV 14-0494 AG (RNBx)

Title

April 21, 2014

VICTOR WHITSETT v. USAA CASUALTY INS. CO.

Plaintiff may submit a response within seven days of Defendant’s filing.

:
Initials of
Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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lmb

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