Nixon v. Wheatley, 368 F.Supp.2d 635 (E.D.Tex. 2005)
Judge: Crone
Division: Beaumont
Holding: Motion to Remand DENIED
COMMENTS:
Judge Crone held that 1) a twenty-one day delay in sending a file-stamped copy of the Notice of Removal to the state court did not waive removal; 2) sending limited discovery before and after removal does not waive the right to remove; and 3) all removing defendants do not need to personally sign the Notice of Removal, so long as they are represented by the same counsel who acts on their behalf.
