Li

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 TIANQING LI, Case No. 22-cv-07626-NC 11 Plaintiff, ORDER TO SHOW CAUSE REGARDING REMOVAL v. Re: ECF

PHILLIP MUMMAH,

14 Defendant. 15 Cross-Defendant Scott A. Flaxman removed this case to federal Court on December 3, 2022. This removal is substantively improper because a cross-defendant may not remove to federal court, nor may a party select only part of an action to remove. The removal is also untimely and does not include copies of all “process, pleadings, and orders” served upon him in the action as required by 28 U.S.C. § 1446(a). Accordingly, Mr. Flaxman is ORDERED to show cause why this case should not be remanded to state court.

A. REMOVAL BY A CROSS-DEFENDANT

In Home Depot, U.S.A. v. Jackson, 139 S. Ct. 1743, 1745 (2019), the United States Supreme Court concluded that the general removal statute in 28 U.S.C. § 1441 does not allow a third-party defendant to…