Opinion
1:21-cv-00940-AWI-SAB
06-21-2021
MCKENNAH SMITH, Plaintiff, v. K.B.R., INC., Defendant.
ORDER REQUIRING DEFENDANT TO FILE RESPONSIVE PLEADING
On May 17, 2021, Mckennah Smith (“Plaintiff”) filed this action in the Fresno County Superior Court. (ECF No. 1-1.) Service of the summons and complaint was completed on May 17, 2021. (ECF No. 1 at 1.) On June 15, 2021, K.B.R., Inc. (“Defendant”) 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).”
Defendant's notice of removal does not include an answer filed in the state court. Accordingly, IT IS HEREBY ORDERED that Defendant shall file a responsive pleading within seven (7) days of the date of entry of this order.
IT IS SO ORDERED.