James v. Mrc Receivables Corp.

2016 WL 3675864 (2016)

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Nature of the Case

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Facts

P filed suit in Louisiana state court. The defendants included Equable (D), Calvary (D), and Midland (Ds). P alleged federal consumer protection law violations against all the defendants. Equable was served on March 17. Midland (Ds) were served on March 18. Calvary (D) was never served. The 30th day after Equable (D) was served was Saturday, April 16. The 30th day after the Midland (Ds) were served was Sunday, April 17. The deadline for either Equable (D) or the Midland (Ds) to file a removal was Monday, April 18. The Midland (Ds) filed their notice of removal on April 4, 2016. Equable (D) did not join in the notice of removal, but it did later provide a separate signed consent to removal. Midland (Ds) filed that consent with the court on Monday, April 18, 2016. P moved to remand because Calvary (D) did not consent.