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CONTRERAS v. MI TIERRA MERCADO Y CARNICERIA, 16-cv-07207 NC. (2016)

Court: District Court, N.D. California Number: infdco20161223a65 Visitors: 8
Filed: Dec. 22, 2016
Latest Update: Dec. 22, 2016
Summary: ORDER TO SHOW CAUSE RE: REMOVAL Re: Dkt. No. 1 NATHANAEL M. COUSINS , Magistrate Judge . Defendant Mi Tierra removed this case from Santa Clara County Superior Court. Dkt. No. 1. Under 28 U.S.C. 1446(a), the removing defendant "shall file" with its removal notice "a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." Here, the Notice of Removal refers to the summons and complaint as Exhibit A, but the Court cannot locate the referenced exh
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ORDER TO SHOW CAUSE RE: REMOVAL

Re: Dkt. No. 1

Defendant Mi Tierra removed this case from Santa Clara County Superior Court. Dkt. No. 1. Under 28 U.S.C. § 1446(a), the removing defendant "shall file" with its removal notice "a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." Here, the Notice of Removal refers to the summons and complaint as Exhibit A, but the Court cannot locate the referenced exhibit.

Accordingly, by December 28, 2016, Mi Tierra must file "a copy of all process, pleadings, and orders served upon such defendant or defendants in such action" or explain why the case should not be remanded to Superior Court for failure to comply with § 1446(a).

IT IS SO ORDERED.

Source:  Leagle

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