Skip to main content
· 2/15/2012

Ilodianya v. Capital One Bank USA NA

Citations

  • 853 F. Supp. 2d 772
  • 2012 WL 503731
  • 2012 U.S. Dist. LEXIS 19280

How courts have described this case

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

  • finding that co-defendants do not have an open-ended deadline for satisfying the unanimity requirement
  • explaining that, while an unserved defendant does not have to consent to removal, “lack of knowledge [of the status of service on a co-defendant] cannot satisfy the service of process exception to the rule of unanimity”
  • explaining that, while an unserved defendant does not have to consent to removal, “lack of 4 knowledge [of the status of service on a co- defendant] cannot satisfy the service of process exception to the rule of unanimity”
  • “[W]here a defendant does not consent to removal, the party seeking removal has the burden of proving that an exception to the rule of unanimity applies.”
  • “[W]here a defendant does not consent to removal, the party seeking removal has the burden of proving that an exception to the rule of unanimity applies.”
  • noting limited exceptions to the rule of unanimity

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.