CompFox AI Summary
Defendant RFG Oil, Inc. filed a petition for removal arguing they lacked sufficient opportunity for discovery after recently receiving notice of the claim. However, on April 24, 2013, the parties entered into stipulations and the case was ordered off calendar. The Appeals Board dismissed the petition for removal as moot because the underlying issue it sought to address was resolved by subsequent agreements. The defendant should have withdrawn their petition once they realized it was moot.
Full Decision Text1 Pages
Defendant RFG Oil, Inc. filed a petition for removal arguing they lacked sufficient opportunity for discovery after recently receiving notice of the claim. However, on April 24, 2013, the parties entered into stipulations and the case was ordered off calendar. The Appeals Board dismissed the petition for removal as moot because the underlying issue it sought to address was resolved by subsequent agreements. The defendant should have withdrawn their petition once they realized it was moot.
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