Elliott v. Elliott et al

Filing 5

ORDER REQUIRING DEFENDANTS TO FILE RESPONSIVE PLEADING. IT IS HEREBY ORDERED that Defendants shall file a responsive pleading within seven (7) days of the date of entry of this order. Order signed by Magistrate Judge Stanley A. Boone on 6/7/2021. (Apodaca, P)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AARON A. ELLIOTT, 12 Plaintiff, 13 Case No. 1:21-cv-000897-NONE-SAB ORDER REQUIRING DEFENDANTS TO FILE RESPONSIVE PLEADING v. SEVEN DAY DEADLINE 14 15 FRANK T. ELLIOT, III, et al., Defendants. 16 17 On March 26, 2021, Aaron A. Elliott (“Plaintiff”) filed this action in the Tulare County 18 Superior Court against Frank T. Elliott, III, individually and in his capacity as trustee of the 19 Aaron A. Elliott 2006 irrevocable trust, Wileman Bros. & Elliott Inc., and Brian Johnson 20 (“Defendants”) alleging violations of the Perishable Agricultural Commodities Act (“PACA”), 7 21 U.S.C. §499(b) and California law. (ECF No. 1 at 8-30.) Service of the summons and complaint 22 was completed on April 29, 2021. (ECF No. 1 at 105-113.) On June 4, 2021, Defendants 23 removed the action to the Eastern District of California. (ECF No. 1.) 24 Pursuant to the Federal Rules of Civil Procedure, “[a] defendant who did not answer 25 before removal must answer or present other defenses or objections under these rules within the 26 longest of these periods: (A) 21 days after receiving--through service or otherwise--a copy of the 27 initial pleading stating the claim for relief; (B) 21 days after being served with the summons for 28 an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is 1 1 filed.” Fed. R. Civ. P. 81(c)(2).” Defendants’ notice of removal does not include an answer filed in the state court. 2 3 Accordingly, IT IS HEREBY ORDERED that Defendants shall file a responsive pleading within 4 seven (7) days of the date of entry of this order. 5 6 IT IS SO ORDERED. 7 Dated: June 7, 2021 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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