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It there any time limit a Court in the Eastern District of California can take on a Motion to Remand to State Court?

Lawsuits And Disputes 4 views 1 answers
We timely filed a Motion to Remand. It has been over 7 months. We also filed a Entry of Default which the Clerk unilaterally refused to grant stating there was a stay due to the Motion to Remand. There is no such stay on the docket.

Attorney Answer

1
Nicholas Spirtos ·
When a case is removed to federal court, the state case is stayed. There would not be an order, it is automatic that the case is stayed on removal. The clerk was right to reject your default request. If you believe the case needs to be remanded, the remedy is to file a motion for remand. They generally don't take 7 months. You should contact the federal court clerk. You may want to contact a local attorney for assistance.
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