Daniel Martinez Roque v. Housekey Financial Corporation et al

Filing 7

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE WHY ACTION SHOULD NOT BE REMANDED by Judge Christina A. Snyder: On 10/6/2008, defendants filed a notice of removal. Defendants allege therein that the notice of removal was filed within thirty days of serv ice of the summons and complaint on defendants, and state that a copy of the served summons is attached to their notice of removal as Exhibit B. However, it appears that defendants failed to attach Exhibit B to the notice of removal, and defendants p rovide no other evidence that service in fact occurred within 30 days of the filing of the notice of removal. Defendants are hereby ORDERED TO SHOW CAUSE on or before 11/18/2008 why the instant action should not be remanded. The hearing on Defendants' Motion to Dismiss 5 is hereby continued to 11/24/2008 at 10:00 AM before Judge Christina A. Snyder. Court Reporter: Not Present. (gk)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 08-6554 CAS (SHx) Date November 6, 2008 Daniel Martinez Roque v. Housekey Financial Corp., et al. Present: The Honorable Catherine Jeang Deputy Clerk CHRISTINA A. SNYDER Not Present Court Reporter / Recorder Not Present N/A Tape No. Attorneys Present for Plaintiffs: Not Present Proceedings: Attorneys Present for Defendants: (IN CHAMBERS): ORDER TO SHOW CAUSE RE: WHY ACTION SHOULD NOT BE REMANDED On August 27, 2008, plaintiff Daniel Martinez Roque filed the instant action in Los Angeles Superior Court against defendants Housekey Financial Corporation; HSBC Mortgage Services, Inc.; and Does 1 through 50. On October 6, 2008, defendants filed a notice of removal. Defendants allege therein that the notice of removal was filed within thirty days of service of the summons and complaint on defendants, and state that a copy of the served summons is attached to their notice of removal as Exhibit B. Notice of Removal ¶ 2. However, it appears that defendants failed to attach Exhibit B to the notice of removal, and defendants provide no other evidence that service in fact occurred within 30 days of the filing of the notice of removal. Defendants are hereby ORDERED TO SHOW CAUSE on or before November 18, 2008 why the instant action should not be remanded. The hearing on defendants' motion to dismiss is hereby continued from November 17, 2008 to November 24, 2008 at 10:00 a.m. IT IS SO ORDERED. 00 Initials of Preparer : CMJ 00 CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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