R and R Surgical Institute v. Cigna Health and Life Insurance Company

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

R AND R SURGICAL INSTITUTE,

Case No. 2:23-cv-06919-SB-AGR

Plaintiff,

v.

ORDER TO SHOW CAUSE RE:

CIGNA HEALTH AND LIFE LACK OF PROSECUTION AND

INSURANCE COMPANY et al., ORDER CONTINUING THE

MANDATORY SCHEDULING

Defendants. CONFERENCE TO SEPTEMBER 29, 2023

On August 22, 2023, Defendant CIGNA Health and Life Insurance Company removed the case, asserting that it was the only Defendant who had been served at that time. Dkt. No. 1. On September 14, 2023, Plaintiff filed a proof of service indicating that Defendant Data iSight was served on August 4, 2023, and its responsive pleading was due on August 25, 2023. Dkt. No. 13. Although 28 U.S.C. § 1446(b)(2)(A) requires that all defendants properly joined and served join in or consent to removal, failure to comply is a procedural defect, see Emrich v. Touche Ross & Co., 846 F.2d 1190, 1193 n.1 (9th Cir. 1988). And Plaintiff, who must challenge any procedural defect within 30 days of removal, or by September 21, 2023, see 28 U.S.C. § 1447(c), has not moved to remand.

Data iSight has failed to timely respond to service, and…