· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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