Other courts have approached the issue of pre-service removal in a manner consistent with the approach Judge O'Kelley outlined in Hawkins. Cf., e.g., May v. Haas, No. 12-01791-MCE, 2012 WL 4961235, at *2-3 (E.D. Cal. Oct. 16, 2012) (permitting removal by non-forum defendant who had been served and removed action prior to service on forum defendant, but implying that remand would have been appropriate if removal attempted prior to service on any defendant); Banks v. Kmart Corp., No. 12-607, 2012 WL 707025, at *2 (E.D. Pa. Mar. 6, 2012) ("plaintiffs' litigation strategy facilitated removal to [federal court] because the plaintiffs served the non-forum defendant several weeks prior to serving the forum defendant in this case").Gentile v. Biogen Idec., Inc., 934 F.Supp.2d 313, 316-18 (D Mass. 2013).
Other courts have approached the issue of pre-service removal in a manner consistent with the approach Judge O'Kelley outlined in Hawkins. Cf., e.g. , May v. Haas, No. 12-01791-MCE, 2012 WL 4961235, at *2-3 (E.D. Cal. Oct. 16, 2012) (permitting removal by non-forum defendant who had been served and removed action prior to service on forum defendant, but implying that remand would have been appropriate if removal attempted prior to service on any defendant); Banks v. Kmart Corp. , No. 12-607, 2012 WL 707025, at *2 (E.D. Pa. Mar. 6, 2012) ("plaintiffs' litigation strategy facilitated removal to [federal court] because the plaintiffs served the non-forum defendant several weeks prior to serving the forum defendant in this case"). 2.
Other courts have approached the issue of pre-service removal in a manner consistent with the approach Judge O'Kelley outlined in Hawkins. Cf., e.g., May v. Haas, No. 12–01791–MCE, 2012 WL 4961235, at *2–3 (E.D.Cal. Oct. 16, 2012) (permitting removal by non-forum defendant who had been served and removed action prior to service on forum defendant, but implying that remand would have been appropriate if removal attempted prior to service on any defendant); Banks v. Kmart Corp., No. 12–607, 2012 WL 707025, at *2 (E.D.Pa. Mar. 6, 2012) (“plaintiffs' litigation strategy facilitated removal to [federal court] because the plaintiffs served the non-forum defendant several weeks prior to serving the forum defendant in this case”). 2. Plain Language