Legal Opinion
Tresco, Inc. v. Continental Casualty Co.
District Court, D. New Mexico
Decided July 2, 2010No. CIV 10-0390 JB/GBWPublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on the Plaintiffs Motion to Remand to State Court and Supporting Memorandum, filed May 7, 2010 (Doc. 6). The primary issue is whether a defendant, who does not file the notice of removal, must indicate his consent by signing the notice of removal or by filing a separate document indicating consent within 30 days of the date that the defendant was served. Because the Court concludes that the statute does not require such action, and because the United States Court of Appeals for the Tenth Circuit…
2Cases cited35 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
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3Cited by21 opinions
- Padilla v. Am. Modern Home Ins. Co.District Court, D. New Mexico · 2017
- Federal National Mortgage Ass'n v. MilasinovichDistrict Court, D. New Mexico · 2016
- Ullman v. Safeway InsuranceDistrict Court, D. New Mexico · 2013
- Williams ex rel. Samayoa v. Board of RegentsDistrict Court, D. New Mexico · 2014
- May v. Board of County CommissionersDistrict Court, D. New Mexico · 2013
16 more not listed; retrieve them via the Exa API.