CompFox AI Summary
The Appeals Board dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order, and thus not subject to reconsideration. The Petition for Removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the defendant's failure to file a proof of service with its initial petition and its failure to serve the applicant on the venue change request were grounds for denial. Even with a late submission of proof of service, the failure to serve the applicant on the venue change petition was a fatal defect.
Full Decision Text1 Pages
The Appeals Board dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order, and thus not subject to reconsideration. The Petition for Removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the defendant's failure to file a proof of service with its initial petition and its failure to serve the applicant on the venue change request were grounds for denial. Even with a late submission of proof of service, the failure to serve the applicant on the venue change petition was a fatal defect.
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