GREEN MOUNTAIN FINANCIAL FUND LLC v. LACROIX et al

Filing 80

ENTRY Directing further proceedings; Third Party Plaintiffs shall have to 1/12/10 to show when and how service of process was effected on the Third Party Defendants and show cause why the action should not remanded as improperly removed (S.E.) cm. Signed by Judge Sarah Evans Barker on 12/10/2009.(MAC)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA GREEN MOUNTAIN FINANCIAL FUND, ) LLC, ) ) Plaintiff, ) v. ) ) LORI RAPPAPORT LACROIX, et al., ) ) Defendants/Third Party Plaintiffs, ) ) v. ) ) MARGUERITE DOWNS RAPPAPORT, ) et al., ) ) Third Party Defendants. )

No. 1:09-cv-1216-SEB-TAB

Entry Directing Further Proceedings The third party plaintiffs--Lori Rappaport LaCroix, Lori Rappaport LaCroix as trustee of the trust created under the last will and testament of Alfred Rappaport, Sylvia Rappaport, Courtney LaCroix, and Hunter LaCroix­shall have through January 12, 2010, in which to do the following: 1. Show whether, when and how service of process was effected on each of the third party defendants and, as to each such third party defendant not yet properly served with the third party complaint, why the action should not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. 2. Noting that Seventh Circuit precedent is clear that when a notice of removal is not supported in writing by all defendants, remand is required, Gossmeyer v. McDonald, 128 F.3d 481, 489 (7th Cir. 1997), show cause why the action should not be remanded as improperly removed because defendant Marguerite Downs Rappaport did not join in the removal and because the action could not be removed based solely on the third party complaint. IT IS SO ORDERED.

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Date:

12/10/2009

SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

Distribution: Jan M. Carroll, BARNES & THORNBURG LLP [e-mail] Charles Gregory Fifer, APPLEGATE & FIFER [e-mail] Kara M. Kapke, BARNES & THORNBURG LLP [e-mail] Cynthia M Locke, STEWART & IRWIN, P.C. [e-mail] Jennifer D. McNair, MERCER BELANGER [e-mail] Richard H. Riegner, STEWART & IRWIN P.C. [e-mail] Jeremy S. Rogers, DINSMORE & SHOHL [e-mail] Robyn R. Smith, SEILLER WATERMAN LLC [e-mail] Lori Rappaport Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483 Sylvia Rappaport 1730 South Federal Highway #21 Delray Beach, FL 33483 Courtney Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483 Hunter Lacroix 1730 South Federal Highway #212 Delray Beach, FL 33483