Krasauskas et al v. American Medical Systems, Inc

Filing 7

ORDER TO SHOW CAUSE why removal is timely. Show Cause Response due by 11/13/2012.. Signed by Judge Nathanael M. Cousins on 11/6/2012. (nclc1S, COURT STAFF) (Filed on 11/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JULIE KRASAUSKAS, and others,
Plaintiffs,

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Case No. 12-cv-05463 NC
ORDER TO SHOW CAUSE WHY
REMOVAL IS PROPER

v.
Re: Dkt. No. 1
AMERICAN MEDICAL SYSTEMS, INC.,
Defendant.
Defendant American Medical Systems (“AMS”) filed a notice of removal on October

18 22, 2012 based on diversity of citizenship. AMS asserts that removal is timely under 28
19 U.S.C. § 1446(b) because it did not know in which states plaintiffs reside until it received
20 plaintiffs’ responses to a set of special interrogatories on October 8-9, 2012, which asked
21 for plaintiffs’ domiciles. Plaintiff Nickol Harsgrave’s response to AMS’ special
22 interrogatory is dated August 8, 2012. Dkt. No. 1, Ex. D, Tab 10. This is outside the thirty
23 day filing limit for notices of removal imposed by § 1446(b). Accordingly, AMS must
24 show cause why removal is proper under § 1446(b) by November 13, 2012, at 5:00 p.m.
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IT IS SO ORDERED.

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Date: November 6, 2012

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Case No. 12-cv-05463 NC
ORDER TO SHOW CAUSE

_________________________
Nathanael M. Cousins
United States Magistrate Judge