Baumeister v. New Mexico Commission for the Blind

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[wjhere service of process in state court is defective or incomplete, 28 U.S.C. § 1448 and Fed.R.Civ.P. 4(m) give the plaintiff 120 days from the date defendant removes the case to federal court in which the imperfect or defective service may be cured”
• holding that “[w]here service of process in state court is defective or incomplete, 28 U.S.C. § 1448 and Fed. R. Civ. P. 4(m) give the plaintiff [90] days from the date defendant removes the case to federal court in which the imperfect or defective service may be cured”
• noting “the strong policy underlying the Federal Rules of reaching the merits of an issue rather than dismissing a case on a technicality” and the Federal Rules “actually encourage[] courts to direct plaintiffs to perfect service”
• granting Plaintiffs 120 days from the date of removal to perfect service
• “The New Mexico Rules of Civil Procedure require that proper service on state agencies and employees includes both personal service on the head of the agency or employee and service on the attorney general”

Source: CourtListener parenthetical corpus (CC0).