Opinion
Case No. CV 11-7913 DSF (JCx)
09-29-2011
Mike Lipschultz v. Good Knight Inc, Corp.
MEMORANDUM
Present: The Honorable DALE S. FISCHER, United States District Judge
+----------------------------+ ¦Debra Plato ¦Not Present ¦ +------------+---------------¦ ¦Deputy Clerk¦Court Reporter ¦ +----------------------------+
Attorneys Present for Plaintiffs:
Not Present
Attorneys Present for Defendants:
Not Present
Proceedings: (In Chambers) Order to Show Cause re Remand
On September 23, 2011, Defendant removed this action from state court. The complaint was filed on August 4, 2011, and states a claim under a federal statute. However, the notice of removal does not indicate if or when Defendant was served. Therefore, the Court cannot determine whether removal was timely under 28 U.S.C. § 1446.
Defendant is ordered to show cause in writing by October 7, 2011 why this case should not be remanded for untimely removal. Plaintiff may, within the same time period, advise the Court if he does not object to the potential procedural defect.
IT IS SO ORDERED.