St. John Macomb-Oakland Hospital, et al v. Allstate Insurance Company et al

Filing 5

ORDER dismissing 3 Order to Show Cause. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ST. JOHN MACOMB-OAKLAND
HOSPITAL and MENDELSON
ORTHOPEDICS, P.C.,

Plaintiffs,

Case No. 11-14599
HON. GEORGE CARAM STEEH

vs.

ALLSTATE INSURANCE COMPANY,

Defendant.
__________________________________/
ORDER DISMISSING ORDER TO SHOW CAUSE [#3]
On November 2, 2011, this court entered an order to show cause why this case
should not be remanded to state court as it appeared that defendant did not comply with
the statutory requirement contained in 28 U.S.C. § 1446(b) by removing this matter within
thirty days of service. Defendant indicated in the notice of removal that it had been served
with the summons and a copy of the complaint on or about August 18, 2011, which would
have made removal untimely as defendant removed the instant matter from the Wayne
County Circuit Court on October 19, 2011.
Defendant filed a response to this court’s show cause order on November 4, 2011
arguing that removal was timely because defendant mistakenly indicated that service of the
summons and a copy of the complaint occurred on August 18, 2011. Defendant asserts

-1-

in the response that service of process actually occurred on September 13, 2011.
Defendant attaches a copy of the service of process transmittal from the registered agent
to verify same.
Accordingly,
This court’s order to show cause [#3] is dismissed.
SO ORDERED.
Dated: January 11, 2012
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 11, 2012, by electronic and/or ordinary mail.
S/Josephine Chaffee
Deputy Clerk

-2-