Schempp v. International Alliance of Theatrical Stage Employees, Local 16

Filing 3

ORDER TO SHOW CAUSE Show Cause Response due by 12/13/2012.. Signed by Judge Nathanael M. Cousins on 12/06/2012. (nclc1, COURT STAFF) (Filed on 12/6/2012)

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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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STEPHANIE R. SCHEMPP, aka, KRYS

10 ASH SCHEMPP,
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Plaintiff,
v.

Case No. 12-cv-06147 NC
ORDER TO SHOW CAUSE WHY
REMOVAL IS PROPER
Re: Dkt. No. 1

13 INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES

14 LOCAL 16, and others,
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Defendants.
Defendant International Alliance of Theatrical Stage Employees Local 16 (“IATSE”)
filed a notice of removal on December 4, 2012 based on federal question jurisdiction.
IATSE asserts that it timely filed its notice of removal within thirty days of service and
states that Exhibit A to its notice contains copies of the summons and all the process
delivered in the Superior Court action. Dkt. No. 1 at 2, 7. The copy of the summons in
Exhibit A is dated October 15, 2011. Id. at 11. This is outside the thirty day filing limit for
notices of removal imposed by 28 U.S.C. § 1446(b). IATSE does not state or provide
documentation that it was served on a later date. Accordingly, IATSE must show cause
why removal is proper under § 1446(b) by December 13, 2012, at 5:00 p.m.
IT IS SO ORDERED.

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Date: December 6, 2012

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Case No. 12-cv-06147 NC
ORDER TO SHOW CAUSE

_________________________
Nathanael M. Cousins
United States Magistrate Judge