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After a lawsuit is filed in federal court, one party asks for a ruling that would change how the case proceeds. A defendant removed after service while another served defendant objected and a forum defendant was present. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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The court should decide the procedural request by applying the operative rule to the record: The answer should identify the governing rule for Removal and Remand and apply it to the operative facts. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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