Keith P. Sequeira, et al. v. Metropolitan Life Insurance Company, et al.
Environmental SocialSecurity Securities Immigration
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
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