Ortiz v. Brownsville Independent School District

ORDER DENYING PLAINTIFFS’ MOTION TO REMAND

HANEN, District Judge.

I. INTRODUCTION

The issue before the court is whether the Brownsville Independent School District (BISD) improperly removed this case to federal court. Norma Ortiz and Catalina Garcia (“Ortiz”) sued BISD and several individuals in state court in January 2002. BISD removed the case to this court in September 2002. Ortiz claims that BISD did not timely file its notice to remove. Ortiz also claims that even if BISD timely removed, it waived its right to remove by pursuing disposition of the case in state court after the case became…