(PS) Archambault v. ADESA Golden Gate
Filing
9
ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 4/9/09 ORDERING that Defendant show cause why it should not be sanctioned for removing this action to federal court after this court previously found there was no federal jurisdiction on the same complaint. Defendant shall filed a response within twenty days of this order. Defendant shall re-notice its motion to dismiss, currently scheduled before Judge Mueller on May 13, 2009, on the undersigned's calendar. (Duong, D)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. ADESA GOLDEN GATE, Defendant. / This action is related to a previous action filed by plaintiff in state court and removed to this court by the same defendant, Archambault v. Adesa Golden Gate, Civ.S. 081616 LKK GGH PS. This court previously found that plaintiff had failed to state a federal claim in that action, and recommended that the case be remanded to state court for consideration of the state law claims. The district court adopted those findings and recommendations. Plaintiff then filed a new action in state court based on an exact duplicate of the complaint filed in the previous action. Defendant has once again removed that action to this court, knowing that there is no federal jurisdiction. Accordingly, IT IS ORDERED that: 1. Defendant show cause why it should not be sanctioned for removing this action to federal court after this court previously found there was no federal jurisdiction on the same 1 ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JACQUELYN ARCHAMBAULT, Plaintiff, No. CIV S-09-0856 LKK KJM PS
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complaint. Defendant shall filed a response within twenty days of this order. 2. Defendant shall re-notice its motion to dismiss, currently scheduled before Judge Mueller on May 13, 2009, on the undersigned's calendar. DATED: April 9, 2009
/s/ Gregory G. Hollows 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
GGH:076 Archambault0856.osc.wpd
GREGORY G. HOLLOWS U. S. MAGISTRATE JUDGE
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