Opinion
3:23-CV-00244-MMD-CLB
08-24-2023
LINDA CAROL WILCOX, Plaintiff, v. WALMART STORES, INC, Defendant.
ORDER TO FILE RESPONSIVE PLEADING
This action was initiated on June 6, 2023, when the Defendant Walmart Stores, Inc. (“Walmart”) filed a petition for removal. (ECF No. 1.) The same day, Walmart filed a Notice of Removal. (ECF No. 2.) Having reviewed both filings, it does not appear that Walmart filed a responsive pleading in the underlying state court action.
Pursuant to Federal Rule of Civil Procedure 81 (c), a defendant who did not answer before removal must answer or present other defenses or objections within 21 days of receiving the initial pleading or 7 days after notice of removal is filed. See Fed.R.Civ.P. 81(c)(2). To date, no answer or other responsive pleading has been filed in this action.
Accordingly, Walmart shall have until Thursday, September 14, 2023 to file an answer or responsive pleading in this action.
IT IS SO ORDERED.