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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 STEPHANIE R. SCHEMPP, aka, KRYS 10 ASH SCHEMPP, 11 12 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, 15 16 17 18 19 20 21 22 23 24 25 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. 26 27 Date: December 6, 2012 28 Case No. 12-cv-06147 NC ORDER TO SHOW CAUSE _________________________ Nathanael M. Cousins United States Magistrate Judge

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