United States Ninth Circuit

In an action against sued twenty-nine individuals, ten businesses and a church in state court, alleging that defendants used a bogus debt elimination and tax avoidance scheme to defraud plaintiffs, the dismissal of the complaint is affirmed where: 1) each defendant was entitled to thirty days to exercise his removal rights after being served, and because defendant removed the case within thirty days from when it was served, the removal was timely; 2) because none of the non-joining defendants was properly served, their absence from the removal notice did not render the removal defective; and 3) plaintiffs failed to comply with the district court's order regarding corrections that needed to be made to the complaint.

Appellate Information

• Decided 01/21/2011
• Published 01/21/2011

Judges

• Alex Kozinski

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Leonard Comden, John T. Williams