Michael J. DeMartini, et ux. v. Timothy P. DeMartini, et ux.
Jurisdiction
Whether an antecedent court order amending a complaint to join a defendant is separable from a § 1447(e) remand order and thus not barred from review by § 1447(d)?
QUESTIONS PRESENTED 28 U.S.C. § 1447(d) provides: “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.” 28 U.S.C. § 1447(e) provides: “If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.” The questions presented are: (1) Whether an antecedent court order amending a complaint to join a defendant is separable from a § 1447(e) remand order and thus not barred from review by § 1447(d)? (2) Whether § 1447(d) bars review of a § 1447(e) remand order based on an antecedent court order joining a party whose joinder does not destroy subject matter jurisdiction?