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James v. MRC Receivables Corp.
United States District Court for the Western District of Louisiana
2016 WL 3675864 (2016)
In 2016 Jesse James (plaintiff) filed a lawsuit in Louisiana state court against several defendants, including Equable Ascent (Equable), Calvary Portfolio (Calvary), and a group of corporations referred to as the Midland defendants (collectively, the companies) (defendants), alleging violations of federal consumer-protection laws. Equable was served on March 17, the Midland defendants were served on March 18, and Calvary was never properly served. On April 4, the Midland defendants removed the case to federal court on federal-question jurisdiction grounds. Equable did not join the notice of removal but signed a consent to the removal, which was filed with the federal court on April 18. April 18 was the Monday following the thirtieth day after which Equable and the Midland defendants were served, because their respective 30-day periods ended on a Saturday and Sunday. Calvary did not join or consent to the notice of removal. James moved to remand the case to state court, arguing that the removal was improper because the defendants did not all consent to removal before the expiration of the 30-day removal period imposed by 28 U.S.C. § 1446(b). The companies opposed the motion, arguing, that all the defendants in the case that were properly joined and served consented to the removal within the appropriate 30-day period.
Rule of Law
Holding and Reasoning (Hornsby, J.)
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