Walker et al v. Federal Insurance Company et al

Filing 49

ORDER denying 39 MOTION for Summary Judgment. Signed by Judge John W. deGravelles on 4/29/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
IVAN CABRERA

CIVIL ACTION

VERSUS

NUMBER 16-110-JJB-EWD

HMO LOUISIANA, INC.

ORDER
On February 19, 2016, defendant filed a Notice of Removal from the 18th Judicial District
Court, Iberville Parish, State of Louisiana, Case Number 74,255. (R. Doc. 1). On April 13, 2016,
defendant filed a Joint Status Report, which mentions a pending Motion for Involuntary Dismissal
based on untimely service that was filed by defendant in the 18th JDC on February 23, 2016. (R.
Doc. 4 at 2). The record, however, does not contain a copy of the pending motion or any related
state court pleadings.
Pursuant to 28 U.S.C. § 1447(a), “In any case removed from a State court, the district court
may issue all necessary orders and process to bring before it all proper parties whether served by
process issued by the State court or otherwise.” 28 U.S.C. § 1447(a). The district court may also
“require the removing party to file with its clerk copies of all records and proceedings in such State
court or may cause the same to be brought before it by writ of certiorari issued to such State court.”
28 U.S.C. § 1447(b).
Based upon the foregoing, IT IS ORDERED that defendant shall have 21 days from the
date of this Order to supplement the record in this case to include a copy of “all records and
proceedings” that have been filed in the 18th JDC proceeding, including but not limited to

defendant’s Motion for Involuntary Dismissal and any pleadings related thereto.
Signed in Baton Rouge, Louisiana, on April 29, 2016.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE