Fiorentino v. Philadelphia Indemnity Insurance Company

Filing 3

ORDER REQUIRING DEFENDANT TO FILE RESPONSIVE PLEADING, signed by Magistrate Judge Stanley A. Boone on 08/29/2024. IT IS HEREBY ORDERED that Defendant shall file a responsive pleading within seven (7) days after the notice of removal was filed. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HEIDI FIORENTINO,

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Plaintiff,

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Case No. 1: 24-cv-01023-KES-SAB
ORDER REQUIRING DEFENDANT TO
FILE RESPONSIVE PLEADING

v.
PHILADELPHIA INDEMNITY
INSURANCE COMPANY,

DEADLINE: September 4, 2024

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Defendant.
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On July 26, 2024, Heidi Fiorentino (“Plaintiff”) filed this action in the Fresno County

19 Superior Court against Philadelphia Indemnity Insurance Company (“Defendant”) alleging
20 violations of California law. (ECF No. 1-2.) Service of the summons and complaint was
21 completed on August 1, 2024. (ECF No. 1-4.) On August 28, 2024, Defendant removed the
22 action to the Eastern District of California. (ECF No. 1.)
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Pursuant to the Federal Rules of Civil Procedure, “[a] defendant who did not answer

24 before removal must answer or present other defenses or objections under these rules within the
25 longest of these periods: (A) 21 days after receiving--through service or otherwise--a copy of the
26 initial pleading stating the claim for relief; (B) 21 days after being served with the summons for
27 an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is
28 filed.” Fed. R. Civ. P. 81(c)(2).

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Defendant’s notice of removal does not include an answer filed in the state court.

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2 Accordingly, IT IS HEREBY ORDERED that Defendant shall file a responsive pleading within
3 seven (7) days after the notice of removal was filed.
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IT IS SO ORDERED.

6 Dated:

August 29, 2024
UNITED STATES MAGISTRATE JUDGE

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