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Us Bank National Association v. Kenneth E. Scott

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 14, 2011

US BANK NATIONAL ASSOCIATION
v.
KENNETH E. SCOTT

The opinion of the court was delivered by: Present: The Honorable Dolly M. Gee, United States District Judge

CIVIL MINUTES-GENERAL

Title

VALENCIA VALLERY NOT REPORTED

Deputy Clerk Court Reporter

Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s)

None Present None Present

Proceedings: IN CHAMBERS-ORDER TO SHOW CAUSE WHY THIS ACTION

SHOULD NOT BE REMANDED TO STATE COURT

On October 3, 2011, Defendant filed a notice of removal. To remove an action from state court, a defendant must include with the notice of removal "a copy of all process, pleadings, and orders served upon such defendant" in the state court proceedings. 28 U.S.C. § 1446(a). Defendant's notice of removal lacks a copy of the complaint. Although the notice of removal states that the complaint is included as an "Exhibit 1," it does not actually contain any such exhibit.

Because Defendant has not filed a copy of the complaint, it is impossible for the Court to ascertain whether it has subject matter jurisdiction. Therefore, Defendant is ORDERED TO SHOW CAUSE why this action should not be remanded to state court for lack of jurisdiction. By no later than October 21, 2011, Defendant shall file a copy the complaint as well as all other process, pleadings, and orders served upon him in this action.

IT IS SO ORDERED.

20111014

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