E.D. California· 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 CourtListenerCites
6 cases in this archive are cited by this case.
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyNinth Circuit· 2006-04-04· cited 1,756×
- Prize Frize, Inc. v. Matrix (U.S.) Inc.Ninth Circuit· 1999-02-12· cited 214×
- Hewitt v. City of StantonNinth Circuit· 1986-07-28· cited 97×
- Community Bldg. Co. v. Maryland Casualty Co.Ninth Circuit· 1925-11-09· cited 32×
- Milstead Supply Co. v. Casualty InsuranceW.D. Texas· 1992-07-31· cited 29×
- Pianovski v. Laurel Motors, Inc.N.D. Illinois· 1996-05-07· cited 9×
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.