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Title Manley Toys, Ltd. v. Liberty Surplus Insurance Corporation

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 10, 2012

TITLE MANLEY TOYS, LTD.
v.
LIBERTY SURPLUS INSURANCE CORPORATION, ET AL.

The opinion of the court was delivered by: The Honorable Christina A. Snyder

CIVIL MINUTES - GENERAL

Present: The Honorable CHRISTINA A. SNYDER

Catherine M. Jeang Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (In Chambers:) ORDER TO SHOW CAUSE RE: WHY ACTION SHOULD NOT BE REMANDED FOR UNTIMELY REMOVAL

On December 12, 2011, plaintiff Manley Toys, Ltd., filed the instant civil action against defendant Liberty Surplus Insurance Corporation and Does 1-10 in the Los Angeles County Superior Court. On January 13, 2012, defendant filed a notice of removal. Defendant does not state when it was served with the complaint. Pursuant to 28 U.S.C. §1446(b), a notice of removal in a civil action must be filed within thirty days after the defendant receives a copy of the complaint or summons. The summons is dated December 12, 2011, and defendant does not state when it received service. Therefore, defendant's removal appears untimely.

Defendant is hereby ORDERED to SHOW CAUSE within twenty (20) days why the instant action should not be remanded for untimely removal.

IT IS SO ORDERED.

Initials of Preparer SMOM

20120210

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