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· 12/7/2007

Lopez v. BNSF Railway Co.

Citations

  • 614 F. Supp. 2d 1084
  • 2007 U.S. Dist. LEXIS 92939
  • 2007 WL 4326734

How courts have described this case

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

  • finding defendants had no constructive notice of remaining defendants before filing for removal, after they had searched the Superior Court case docket and found no proof of service on file
  • removing defendant exercised reasonable diligence in attempt to determine whether co-defendant had been served, and although co-defendant had been served and proof of service was filed on same day as removal notice, co-defendant’s consent to removal was not required
  • removal permitted where removing defendant did not first obtain 5 consent of properly served co-defendants but had exercised “reasonable diligence” and 6 nevertheless failed to determine co-defendants had been properly served

Source: CourtListener parenthetical corpus (CC0).

Judges: Gary S. Austin

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.