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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 JULIE KRASAUSKAS, and others, Plaintiffs, 13 14 15 16 17 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. 25 IT IS SO ORDERED. 26 Date: November 6, 2012 27 28 Case No. 12-cv-05463 NC ORDER TO SHOW CAUSE _________________________ Nathanael M. Cousins United States Magistrate Judge

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