Opinion
1:21-cv-00987-DAD-SAB
06-23-2021
ROSALIE GREENE, Plaintiff, v. DEPUY ORTHOPAEDIC, et al., Defendants.
ORDER REQUIRING DEFENDANTS TO FILE RESPONSIVE PLEADING
SEVEN DAY DEADLINE
On April 20, 2021, Rosalie Greene (“Plaintiff”) filed this action in the Tulare County Superior Court. (ECF No. 1-1.) Service of the summons and complaint was completed on May 28, 2021. (ECF No. 1-1 at 4, 23, 42, 61.) On June 22, 2021, Defendants removed the action to the Eastern District of California. (ECF No. 1.)
Pursuant to the Federal Rules of Civil Procedure, “[a] defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (A) 21 days after receiving--through service or otherwise--a copy of the initial pleading stating the claim for relief; (B) 21 days after being served with the summons for an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is filed.” Fed.R.Civ.P. 81(c)(2).”
Defendants' notice of removal does not include an answer filed in the state court. Accordingly, IT IS HEREBY ORDERED that Defendants shall file a responsive pleading within seven (7) days of the date of entry of this order.
IT IS SO ORDERED.