No. 20-1651

Michael J. DeMartini, et ux. v. Timothy P. DeMartini, et ux.

Lower Court: Ninth Circuit
Docketed: 2021-05-26
Status: Denied
Type: Paid
Tags: appellate-review circuit-split civil-procedure joinder remand remand-order removal statutory-interpretation subject-matter-jurisdiction
Key Terms:
Jurisdiction
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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)?

Question Presented (OCR Extract)

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?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-14
DISTRIBUTED for Conference of 9/27/2021.
2021-05-24
Petition for a writ of certiorari filed. (Response due June 25, 2021)

Attorneys

Michael J. DeMartini, et al.
Kathryn M. DavisLaw Office of Kathryn M. Davis, Petitioner