Alec v. Calaveras County, et al
Filing
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ORDER VACATING 11 OSC Regarding Why This Case Should Not be Remanded Calaveras County Superior Court signed by Magistrate Judge Gary S. Austin on 11/15/2011. (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 VACATING OSC REGARDING
WHY THIS CASE SHOULD NOT BE
REMANDED TO CALAVERAS COUNTY
SUPERIOR COURT
(Doc. 11)
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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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(“Defendants”) removed the action to this Court. 1 (Doc. 1).
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On November 9, 2011, this Court issued an Order to Show Cause Why the Case Should
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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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not be Remanded to Calaveras County Superior Court because the date of service of the
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complaint was unclear from Defendants’ removal documents. Defendants have shown sufficient
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proof of service. (Doc. 13 at pgs. 5-10). As such, the Court takes judicial notice that these
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Defendants were served on July 20, 2012, which is within thirty days of the date this action was
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removed to this Court. Accordingly, the Order to Show Cause issued on November 9, 2011
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(Doc. 11) is hereby discharged.
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IT IS SO ORDERED.
Dated:
6i0kij
November 15, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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