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)

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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-

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