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Mandy Eva Alec v. County of Calaveras

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 15, 2011

MANDY EVA ALEC,
PLAINTIFF,
v.
COUNTY OF CALAVERAS, A MUNICIPALITY, CALAVERAS COUNTY SHERIFF'S DEPARTMENT; GARY KUNTZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CALVERAS COUNTY SHERRIFF;
MICHELLE BUSBY, INDIVIDUALLY, AND
DOES ONE THROUGH TWENTY-FIVE, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER VACATING OSC REGARDING WHY THIS CASE SHOULD NOT BE REMANDED TO CALAVERAS COUNTY SUPERIOR COURT (Doc. 11)

On May 27, 2011, Plaintiff filed a civil rights action in the Calaveras County Superior Court. (Doc. 1 at pg. 7). On August 18, 2011, Defendants, County of Calaveras and Gary Kuntz ("Defendants") removed the action to this Court. *fn1 (Doc. 1).

On November 9, 2011, this Court issued an Order to Show Cause Why the Case Should not be Remanded to Calaveras County Superior Court because the date of service of the complaint was unclear from Defendants' removal documents. Defendants have shown sufficient proof of service. (Doc. 13 at pgs. 5-10). As such, the Court takes judicial notice that these Defendants were served on July 20, 2012, which is within thirty days of the date this action was removed to this Court. Accordingly, the Order to Show Cause issued on November 9, 2011 (Doc. 11) is hereby discharged.

IT IS SO ORDERED.

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