Pierre
First and Rosemary Senior Housing, LP v. Pierre
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
10 FIRST AND ROSEMARY SENIOR Case No. 23-cv-05702-NC HOUSING, LP,
ORDER TO SHOW CAUSE
Plaintiff, WHY CASE SHOULD NOT BE
REMANDED
v. Re: ECF 1, 2 GEORGE PIERRE, Defendant.
This Court orders Defendant George Pierre to show cause by December 18, 2023, why this case should not be remanded to state court for improper removal. Removal was not timely. Based on Pierre’s removal notice, removal was not timely. See ECF 1. “The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading . . . .” 28 U.S.C. § 1446(b)(1). In his notice of removal, Pierre acknowledges receiving notice of the state court action on September 29, 2023. ECF 1 at 2. Pierre removed this action on November 6, 2023, more than 30 days after receiving a copy of the state court complaint. Id. Though Pierre’s signature on the notice of…