Joel Johnson v. Home Depot et al
Filing
5
MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford: ORDER TO SHOW CAUSE THAT REMOVAL WAS TIMELY: Defendant is ORDERED TO SHOW CAUSE with papers filed by November 10, 2008, why this case should not be remanded. Such papers must show that Defendant was served with the initial pleading in this case no earlier than September 22, 2008. If Defendant fails to do so, this case will be remanded. (rla)
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title SACV 08-01179 AG (PJWx) JOEL JOHNSON v. HOME DEPOT, et al. Date November 3, 2008
Present: The Honorable
ANDREW J. GUILFORD
Lisa Bredahl Deputy Clerk Attorneys Present for Plaintiffs: Not Present Proceedings:
None Present Court Reporter / Recorder Not Present
Tape No.
Attorneys Present for Defendants:
[IN CHAMBERS] ORDER TO SHOW CAUSE THAT REMOVAL WAS TIMELY
Defendant Home Depot U.S.A., Inc. ("Defendant") filed a Notice of Removal in this case on October 22, 2008. The procedure for removal is set forth in 28 U.S.C. § 1446, which provides: The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial proceeding has then been filed in court and is not required to be served on the defendant, whichever period is shorter. 28 U.S.C. § 1446(b). Here, Defendant has not established that it was served with the initial pleading in this case within thirty days before filing its Notice for Removal. Defendant is ORDERED TO SHOW CAUSE with papers filed by November 10, 2008, why this case should not be remanded. Such papers must show that Defendant was served with the initial pleading in this case no earlier than September 22, 2008. If Defendant fails to do so, this case will be remanded.
:
CV-90 (06/04) CIVIL MINUTES - GENERAL
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title SACV 08-01179 AG (PJWx) JOEL JOHNSON v. HOME DEPOT, et al. Date November 3, 2008
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
Page 2 of 2
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