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Watanabe v. Lankford

United States District Court, D. Hawaii
Jan 15, 2010
Civ. No. 09-00199 SPK-LEK (D. Haw. Jan. 15, 2010)

Summary

rejecting application of rule in a case in which an out-of-state defendant removed an action filed by a plaintiff who could have served the properly joined in-state defendant immediately after filing the complaint but chose not to do so

Summary of this case from Pratt v. Alaska Airlines

Opinion

Civ. No. 09-00199 SPK-LEK.

January 15, 2010


ORDER ADOPTING FINDINGS AND RECOMMENDATION


A Findings and Recommendation was filed and served on all parties on December 14, 2009, and no objections were filed. Accordingly, pursuant to 28 U.S.C. § 636(b)(1)(C) and LR 74.2, the "Findings and Recommendation to Deny Plaintiffs' Motion for Remand" are adopted as the opinion and order of this Court.

IT IS SO ORDERED.


Summaries of

Watanabe v. Lankford

United States District Court, D. Hawaii
Jan 15, 2010
Civ. No. 09-00199 SPK-LEK (D. Haw. Jan. 15, 2010)

rejecting application of rule in a case in which an out-of-state defendant removed an action filed by a plaintiff who could have served the properly joined in-state defendant immediately after filing the complaint but chose not to do so

Summary of this case from Pratt v. Alaska Airlines

rejecting application of rule in a case in which an out-of-state defendant removed an action filed by a plaintiff who could have served the properly joined in-state defendant immediately after filing the complaint but chose not to do so

Summary of this case from Pratt v. Alaska Airlines, Inc.

In Watanabe, this district court concluded that "[t]he Court should interpret the 'and served' portion of § 1441(b) in a consistent manner and rule that the service of an in-forum defendant after removal does not invoke the forum defendant rule."

Summary of this case from Barglowski v. Nealco Int'l LLC

discussing the origin and application of the forum defendant rule

Summary of this case from Barglowski v. Nealco Int'l LLC
Case details for

Watanabe v. Lankford

Case Details

Full title:HIDEICHI WATANABE, INDIVIDUALLY AND AS CO-PERSONAL REPRESENTATIVE OF THE…

Court:United States District Court, D. Hawaii

Date published: Jan 15, 2010

Citations

Civ. No. 09-00199 SPK-LEK (D. Haw. Jan. 15, 2010)

Citing Cases

Sutler v. Redland Ins. Co.

Numerous federal courts have held that formal service is not required before a defendant can remove a case.…

Sugaberry v. United Parcel Serv.

Numerous federal courts have held that formal service is not required before a defendant can remove a case.…