Opinion
Case No.: CV 11-08390 DMG (Ex)
10-14-2011
US Bank National Association v. Kenneth E. Scott
CIVIL MINUTES—GENERAL
Present: The Honorable DOLLY M. GEE , UNITED STATES DISTRICT JUDGE
+-------------------------------+ ¦VALENCIA VALLERY¦NOT REPORTED ¦ +----------------+--------------¦ ¦Deputy Clerk ¦Court Reporter¦ +-------------------------------+
Attorneys Present for Plaintiff(s)
None Present
Attorneys Present for Defendant(s)
None Present
Proceedings: IN CHAMBERS—ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO STATE COURT
On October 3, 2011, Defendant filed a notice of removal. To remove an action from state court, a defendant must include with the notice of removal "a copy of all process, pleadings, and orders served upon such defendant" in the state court proceedings. 28 U.S.C. § 1446(a). Defendant's notice of removal lacks a copy of the complaint. Although the notice of removal states that the complaint is included as an "Exhibit 1," it does not actually contain any such exhibit.
Because Defendant has not filed a copy of the complaint, it is impossible for the Court to ascertain whether it has subject matter jurisdiction. Therefore, Defendant is ORDERED TO SHOW CAUSE why this action should not be remanded to state court for lack of jurisdiction. By no later than October 21, 2011, Defendant shall file a copy the complaint as well as all other process, pleadings, and orders served upon him in this action.
IT IS SO ORDERED.