Abdulla v. United States of America

Filing 5

ORDER denying 3 Ex Parte Application and Ordering Defendant to Supplement Notice of Removal: The governments Ex Parte Application for an Order Establishing Time to Respond to Claim is Denied Without Prejudice. The government is Ordered to filed a copy of all State court records and proceedings in this action. Upon filing the government may renew its ex parte application to set a date by which to respond. Signed by Judge M. James Lorenz on 6/20/2007. (mjj, ) (mam).

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Abdulla v. United States of America Doc. 5 Case 3:07-cv-01091-L-LSP Document 5 Filed 06/21/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 RAY A. ABDULLA, 12 13 v. 14 RAKESH PATEL, 15 16 17 18 Defendant. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 07cv1091-L(LSP) ORDER DENYING EX PARTE APPLICATION AND ORDERING DEFENDANT TO SUPPLEMENT NOTICE OF REMOVAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA In this medical malpractice action, the government filed a Certification of Scope of 19 Employment and a Notice of Substitution of United States of America as Defendant in Place of 20 Rakesh Patel, M.D. pursuant to 28 U.S.C. 2679(d). Concurrently, the government filed an Ex 21 Parte Application for an Order Establishing Time for the United States to Respond to Claim. 22 Since the government has not provided sufficient information, the ex parte application is 23 DENIED WITHOUT PREJUDICE. 24 This action was filed in State court on September 6, 2006. The government filed a notice 25 of removal on June 14, 2007. The only pleading attached to the notice of removal is the State 26 court complaint. It therefore appears that the notice of removal does not include "a copy of all 27 process, pleadings, and orders served upon such defendant or defendants in such action," as 28 07cv1091 Dockets.Justia.com Case 3:07-cv-01091-L-LSP Document 5 Filed 06/21/2007 Page 2 of 2 1 required by 28 U.S.C. 1446(a). In addition, the district court "may require the removing party 2 to file with its clerk copies of all records and proceedings in [the] State court . . .." 28 U.S.C. 3 1447(b). Accordingly, the government is hereby ORDERED to file a copy of all State court 4 records and proceedings in this action. 5 Upon filing of the foregoing, the government may renew its ex parte application to set a 6 date by which to respond. In support of any such renewed application, the government shall 7 provide evidence of the date it was served with the complaint. 8 9 10 11 12 13 COPY TO: IT IS SO ORDERED. DATED: June 20, 2007 M. James Lorenz United States District Court Judge HON. LEO S. PAPAS 14 UNITED STATES MAGISTRATE JUDGE 15 ALL PARTIES/COUNSEL 16 17 18 19 20 21 22 23 24 25 26 27 28 2 07cv1091

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