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