Filed: Apr. 29, 2016
Latest Update: Apr. 29, 2016
Summary: ORDER ERIN WILDER-DOOMES , Magistrate Judge . On February 19, 2016, defendant filed a Notice of Removal from the 18 th Judicial District Court, Iberville Parish, State of Louisiana, Case Number 74,255. (R. Doc. 1). On April 13, 2016, defendant filed a Joint Status Report, which mentions a pending Motion for Involuntary Dismissal based on untimely service that was filed by defendant in the 18 th JDC on February 23, 2016. (R. Doc. 4 at 2). The record, however, does not contain a copy of th
Summary: ORDER ERIN WILDER-DOOMES , Magistrate Judge . On February 19, 2016, defendant filed a Notice of Removal from the 18 th Judicial District Court, Iberville Parish, State of Louisiana, Case Number 74,255. (R. Doc. 1). On April 13, 2016, defendant filed a Joint Status Report, which mentions a pending Motion for Involuntary Dismissal based on untimely service that was filed by defendant in the 18 th JDC on February 23, 2016. (R. Doc. 4 at 2). The record, however, does not contain a copy of the..
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ORDER
ERIN WILDER-DOOMES, Magistrate Judge.
On February 19, 2016, defendant filed a Notice of Removal from the 18th Judicial District Court, Iberville Parish, State of Louisiana, Case Number 74,255. (R. Doc. 1). On April 13, 2016, defendant filed a Joint Status Report, which mentions a pending Motion for Involuntary Dismissal based on untimely service that was filed by defendant in the 18th JDC on February 23, 2016. (R. Doc. 4 at 2). The record, however, does not contain a copy of the pending motion or any related state court pleadings.
Pursuant to 28 U.S.C. § 1447(a), "In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise." 28 U.S.C. § 1447(a). The district court may also "require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court." 28 U.S.C. § 1447(b).
Based upon the foregoing, IT IS ORDERED that defendant shall have 21 days from the date of this Order to supplement the record in this case to include a copy of "all records and proceedings" that have been filed in the 18th JDC proceeding, including but not limited to defendant's Motion for Involuntary Dismissal and any pleadings related thereto.
