Elawyers Elawyers
Washington| Change

CITY OF PHENIX CITY v. CARROLL, 3:15-CV-748-WKW [WO]. (2016)

Court: District Court, M.D. Alabama Number: infdco20160413627 Visitors: 8
Filed: Apr. 12, 2016
Latest Update: Apr. 12, 2016
Summary: ORDER W. KEITH WATKINS , Chief District Judge . Before the court is Defendant Jerry Paul Carroll's motion for a stay of remand. (Doc. # 38.) Defendant seeks a stay pending his anticipated appeal of the April 5, 2016 order of remand. (Doc. # 37.) With some exceptions not applicable in this case, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." 28 U.S.C. 1447(d); Harris v. Blue Cross/Blue Shield of Alabama, Inc., 951 F
More

ORDER

Before the court is Defendant Jerry Paul Carroll's motion for a stay of remand. (Doc. # 38.) Defendant seeks a stay pending his anticipated appeal of the April 5, 2016 order of remand. (Doc. # 37.)

With some exceptions not applicable in this case, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise." 28 U.S.C. § 1447(d); Harris v. Blue Cross/Blue Shield of Alabama, Inc., 951 F.2d 325, 330 (11th Cir. 1992). The case Defendant cites in support of his motion, Dalton v. Walgreen Co., No. 4:13 CV 603 RWS, 2013 WL 2367837 (E.D. Mo. May 29, 2013), which is not binding precedent, is inapplicable. In Dalton, the usual rule that "an order remanding a case to state court is generally not reviewable on appeal" did not apply because Dalton (unlike the present case) was removed pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. §§ 1332(d), 1446, 1453. Dalton, 2013 WL 2367837 at *1. CAFA contains an express exception to § 1447(d)'s prohibition on appeals from remand orders. Dalton, 2013 WL 2367837 at *1; 28 U.S.C. § 1453(c)(1). Other exceptions to the nonappealabity rule of § 1447(d), which allow for appeal of remand orders in cases removed pursuant to 28 U.S.C. §§ 1441 and 1443, are also inapplicable here. 28 U.S.C. § 1447(d).

Accordingly, it is ORDERED that Defendant Jerry Paul Carroll's motion for a stay of remand (Doc. # 38) is DENIED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer