CompFox AI Summary
Defendant Nestle USA, Inc. sought removal of an order that postponed a mandatory settlement conference to allow for the deposition of a qualified medical evaluator. The defendant argued this delay violated their due process right to a speedy determination, claiming the applicant was dilatory in scheduling the deposition. The Appeals Board denied removal, finding no substantial prejudice or irreparable harm and no violation of due process. The Board noted that any alleged error in rescheduling the deposition can be raised at trial and addressed through reconsideration of a final decision.
Full Decision Text1 Pages
Defendant Nestle USA, Inc. sought removal of an order that postponed a mandatory settlement conference to allow for the deposition of a qualified medical evaluator. The defendant argued this delay violated their due process right to a speedy determination, claiming the applicant was dilatory in scheduling the deposition. The Appeals Board denied removal, finding no substantial prejudice or irreparable harm and no violation of due process. The Board noted that any alleged error in rescheduling the deposition can be raised at trial and addressed through reconsideration of a final decision.
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