KentWA Posted March 25, 2009 Report Share Posted March 25, 2009 I have motioned for a Remand to State Court as the removal was defective in that one of the Defendants did not consent to removal. well 45 days after removal one defendants attorney says he was retained by the other defendant as well and they now consent. I covered all the published rulings in my motion that were applicable. Now the defendant is saying that this court has never ruled to remand when a defendant joins later. This is very wrong as I have 3 decisions in hand where this very court and in fact once this very judge ruled to remand. However they are not published appeals, etc and all I have is the PACER documents. The 10th circuit allows use of unpublished decisions. How do I properly cite a PACER document? Link to comment Share on other sites More sharing options...
nascar Posted March 25, 2009 Report Share Posted March 25, 2009 Kent, get me the party names and I'll get you the cites. Link to comment Share on other sites More sharing options...
KentWA Posted March 26, 2009 Author Report Share Posted March 26, 2009 Thanks nascar, however I re-read the Tenth Cicuit decisions and they are on point and much more persusive so I will be using those.Once I file my Reply in Further Support I will post the documents so people can see how this guy is letting a Pro Se kick his butt all the way back to Poduckville court and has opened himself up for Rule 11 sanctions in several statements. Link to comment Share on other sites More sharing options...
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