No. 23-7212

Keith P. Sequeira, et al. v. Metropolitan Life Insurance Company, et al.

Lower Court: Third Circuit
Docketed: 2024-04-12
Status: Denied
Type: IFP
IFP
Tags: circuit-split civil-procedure federal-law federal-question jurisdiction jurisdictional-grant remand removal subject-matter-jurisdiction
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Whether the courts below may decide an important question of federal law not settled by this Court by expanding 12 U.S.C. § 1821(d)(6)'s jurisdictional grant

Question Presented (from Petition)

Questions Presented _ A case was filed in State Court. It stated on its face a Federal Question. Petitioners removed to District Court. Respondent moved to remand. A remand order was issued remanding the case to State Court. But the jurisdiction transferring event in this Circuit (physical mailing) did not occur. Petitioners present two questions. ; A. Whether the courts below may decide an important question of federal law not settled by this Court by expanding 12 U.S.C. § 1821(d)(6)’s jurisdictional grant to _ include New Jersey’s State and District Courts and the Third Circuit? B. When does a District Court lose jurisdiction following its issue of a remand ” order? Or, stated differently, at what point is a remand order “not reviewable on appeal or otherwise”? | The Circuits are split. Petitioners thus ask: : ° does 28 U.S.C. “§ 1447 divest[ ] a district court of jurisdiction upon the entry of its remand order” as is held in the Fourth, Eighth, Tenth, and Eleventh, Circuits? or ° does “a district court lose[ ] jurisdiction over a case once it has completed the : remand by sending a certified copy of the remand order to the state court” as is held in the Second, Third, Fifth, Sixth, Seventh, and Ninth, Circuits? or e does 28 U.S.C. § 1447(d) bar reconsideration “when the state court receives the remand order and resumes jurisdiction” as is held in the First Circuit? or . . does a district court lose jurisdiction over a case upon its “grant of a motion ; to remand to state court” as is held by the Superior Court of New Jersey — Appellate Division? , 1

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2024)

Attorneys

Keith P. Sequeira, et al.
Keith Sequeira — Petitioner
Keith Sequeira — Petitioner