Alec v. Calaveras County, et al
Filing
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ORDER to SHOW CAUSE Why This Case Should Not be Remanded to Calaveras County Superior Court signed by Magistrate Judge Gary S. Austin on 11/9/2011. Show Cause Response due by 11/14/2011 at 4:00 p.m. (Bradley, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MANDY EVA ALEC,
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Plaintiff,
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v.
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Defendants.
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COUNTY OF CALAVERAS, a municipality, )
CALAVERAS COUNTY SHERIFF’S
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DEPARTMENT; GARY KUNTZ,
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individually and in his official capacity as
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CALVERAS COUNTY SHERRIFF;
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MICHELLE BUSBY, individually, and
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DOES ONE through Twenty-FIVE, inclusive, )
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_____________________________________ )
1:11-cv-01385 AWI GSA
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE REMANDED
TO CALAVERAS COUNTY SUPERIOR
COURT
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On May 27, 2011, Plaintiff filed a civil rights action in the Calaveras County Superior
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Court. (Doc. 1 at pg. 7). On August 18, 2011, Defendants, County of Calaveras and Gary Kuntz
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removed the action to this Court. 1 (Doc. 1).
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Pursuant to 28 U.S.C. § 1446(b), removal of an action is required within thirty days of
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Defendants allege that Calaveras County and Calaveras County Sheriff’s Department
and were erroneously named in this action. (Doc. 1 at pg. 1).
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service of the pleading. 28 U.S.C. § 1446(b). In this case, Defendants’ Notice of Removal
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indicates that they filed their answers on August 17, 2011 and that removal is timely. Doc. 1 at
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pg. 16-20). However, the removal documents do not indicate the date the pleading was actually
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served which is the determinative date for purposes of removal. It is Defendants burden to
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establish that removal is proper. Therefore, no later than November 14, 2011 at 4:00 pm,
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Defendants shall show cause why this case should not be remanded to the Calaveras County
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Superior court by filing documents establishing that service of the complaint occurred within the
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thirty day period prior to the removal of this action.
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IT IS SO ORDERED.
Dated:
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November 9, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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