DIRECT MORTG. CORP. v. KEIRTEC, INC.

No. 2:06-CV-00853 PGC.

478 F.Supp.2d 1339 (2007)

DIRECT MORTGAGE CORPORATION, a Utah Corporation, Plaintiff, v. KEIRTEC, INC., a Nevada Corporation, doing business as U.S. Mortgage Source, Celsa Arbaiza, Nick Poullas, David Walker, James Brown, Landsafe, Inc., and John Does 1-5, Defendants.

United States District Court, D. Utah, Central Division.

March 23, 2007.


Attorney(s) appearing for the Case

Michael Huber, Joseph Steven Newton, Salt Lake City, UT, for Plaintiff.

Matthew Ball and Ronald Russell, Salt Lake City, UT, for Def. Landsafe.

Russell Cline, Salt Lake City, UT, for Def. Kiertec.

Nathan Croxford and Stephen Doxey, Salt Lake City, UT, for Def. David Walker.

Gregory Sanders and Gary Wight, Salt Lake City, UT, for Def. James Brown.


MEMORANDUM DECISION REMANDING CASE, NUNC PRO TUNC

CASSELL, District Judge.

On October 5, 2006, defendant Landsafe, Inc., removed this case from Utah's Third District Judicial Court. But in the face of this removal, Landsafe impliedly consented to trying the case in state court. After Ming its removal notice, Landsafe stood silently by while parties filed substantive pleadings in the state court and the state court judge issued orders. Because this...

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