Free Order - District Court of California - California

Case 3:08-cv-00392-H-BLM

Document 14

Filed 04/11/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA FREDA SUSSMAN, vs. ARMELIA SANI, et al., Plaintiff, CASE NO. 08-CV-0392-H (BLM) ORDER TO SHOW CAUSE REGARDING REMOVAL

Defendants. On March 3, 2008, defendant Health Net of California, Inc. ("Health Net") removed this action from San Diego County Superior Court on the basis of federal question jurisdiction. (Doc. No. 1.) On March 10, 2008, Health Net filed a motion to dismiss the case under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Doc. No. 4.) On March 17, 2008, Plaintiff filed a motion to remand, arguing that there is no federal question jurisdiction. Both motions are currently set for a hearing on April 21, 2008 at 10:30 a.m. (See Doc. No. 8.) The Court notes that not all defendants joined in the removal. Ordinarily, all named defendants must join in removal, unless a defendant has not yet been properly served. Emrich v. Touche Ross & Co., 846 F.2d 1190, 1193 n.1 (9th Cir. 1988). Here, Health Net was the only defendant to sign the notice of removal, and there are several other named parties. None of the other parties has appeared following the notice of removal. Only three of the eleven causes of action are directed against Health Net.

08cv392

Case 3:08-cv-00392-H-BLM

Document 14

Filed 04/11/2008

Page 2 of 2

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On or before April 17, 2008, the parties shall submit supplemental briefs addressing the Court's concern over the joinder of all defendants in removing the action. IT IS SO ORDERED. DATED: April 11, 2008 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT COPIES TO: All parties of record.

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08cv392