Bryan v. Bryan

Filing 2

ORDER DIRECTING Defendant to SHOW CAUSE in writing by June 20, 2011, why the Court should not file a Memorandum and Recommendation recommending the remand of this case. Signed by Magistrate Judge Dennis Howell on 06/14/11. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv141
TAMMY BRYAN
Plaintiff,
v.
KATHY J. BRYAN, formerly known as
Kathy J. Chidnese,
Defendant.
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ORDER

Defendant removed this case from Superior Court of Buncombe County on June
10, 2011, based on 28 U.S.C. § 1332 and 28 U.S.C. § 1441. Generally, a notice of
removal must be filed within thirty days of the defendant’s receipts of a copy of the
initial pleading. 28 U.S.C. § 1446(b). If the case as initially plead by the plaintiff is
not removable, the defendant must file his or her notice of removal within thirty days
of receipt of the pleading, motion, order, or other document from which the defendant
can first determine that the case is one which is removable. Id. A defendant, however,
may not remove a case on the basis of diversity jurisdiction pursuant to Section 1332
“more than 1 year after commencement of the action.” Id. A review of the Complaint
attached to the Notice of Removal filed by Defendant reveals that
commenced this action on July 10, 2009.

Plaintiff

Accordingly, the Court DIRECTS

Defendant to SHOW CAUSE in writing by June 20, 2011, why the Court should not

file a Memorandum and Recommendation recommending the remand this case.
Signed: June 14, 2011