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Title Anthony De Stefanis v. Axa Distribution Holding Corp. Et

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 21, 2012

TITLE ANTHONY DE STEFANIS
v.
AXA DISTRIBUTION HOLDING CORP. ET AL.

The opinion of the court was delivered by: The Honorable R. Gary Klausner, U.S. District Judge

JS-6

CIVIL MINUTES - GENERAL

Present: The Honorable R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams (Not Present) 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 REMANDING CIVIL ACTION TO

SUPERIOR COURT

On November 13, 2012, AXA Distribution Holdings Corporation ("Defendant") removed this action from the Los Angeles County Superior Court on the basis of diversity jurisdiction, pursuant to 28 U.S.C. § 1332. For the following reasons, the Court remands this action to state court.

The Notice of Removal of a civil action must be filed within 30 days after receipt of initial pleadings upon defendant of a state pleading alleging a removable claim. 28 U.S.C. § 1446(b)(1). Here, the Defendant received the Complaint on September 4, 2012. However, the Notice of Removal was filed on November 13, 2012, 40 days after the expiration of the removal period. Although Defendant successfully alleged the substantive elements of diversity jurisdiction, removal is untimely and therefore improper.

For the foregoing reasons, the above-entitled case is ordered REMANDED to the Superior Court for all further proceedings.

IT IS SO ORDERED.

20121121

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