No. 25-327

Express Scripts, Inc., et al. v. California

Lower Court: Ninth Circuit
Docketed: 2025-09-18
Status: Denied
Type: Paid
Amici (1)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: appellate-procedure automatic-stay coinbase-precedent federal-officer-removal remand-order statutory-exception
Key Terms:
AdministrativeLaw Arbitration Jurisdiction JusticiabilityDoctri
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Whether a remand order appealed under 28 U.S.C. § 1447(d) is subject to an automatic stay pending appeal

Question Presented (OCR Extract)

Like the statute at issue in Coinbase, Inc. v. Bielski , 599 U.S. 736 (2023), Section 1447(d) of Title 28 creates a rare statutory exception to the usual rule that parties may not appeal before final judgment. Section 1447(d) permits the immediate appeal of a remand order in a case removed under the federal officer removal statute, 28 U.S.C. § 1442 (a). The question presented is: Whether a remand order appealed under 28 U.S.C. § 1447(d ), like the orders at issue in Coinbase , is subject to an automatic stay pending appeal .

Docket Entries

2026-01-12
Petition DENIED.
2025-12-23
Reply of petitioners Express Scripts, Inc., et al. filed. (Distributed)
2025-12-23
Reply of Express Scripts, Inc., et al. submitted.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Brief of California in opposition submitted.
2025-12-09
Brief of respondent California in opposition filed.
2025-11-18
Motion to extend the time to file a response is granted in part and the time is extended to and including December 9, 2025.
2025-11-17
Reply of California submitted.
2025-11-14
Motion of California for an extension of time submitted.
2025-11-14
Response of Express Scripts, Inc., et al. to motion submitted.
2025-11-14
Motion to extend the time to file a response from December 1, 2025 to January 15, 2026, submitted to The Clerk.
2025-10-30
Response Requested. (Due December 1, 2025)
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-20
Amicus brief of Chamber of Commerce of the United States of America submitted.
2025-10-20
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
2025-10-16
Waiver of right of respondent California to respond filed.
2025-09-26
Response to motion to expedite from respondent California filed.
2025-09-26
Response of California to motion submitted.
2025-09-26
Respondent's Opposition to Motion to Expedite Consideration of Petition for Writ of Certiorari of California submitted.
2025-09-18
Motion to expedite consideration of the petition for writ of certiorari filed by petitioners.
2025-09-18
Motion to expedite consideration of the petition for writ of certiorari filed by petitioner.
2025-09-18
Motion to Expedite Consideration of Petition for Writ of Certiorari of Express Scripts, Inc., et al. submitted.
2025-09-16
Petition for a writ of certiorari filed. (Response due October 20, 2025)

Attorneys

California
Louis M. BogradMotley Rice, LLC, Respondent
Louis M. BogradMotley Rice, LLC, Respondent
Chamber of Commerce of the United States of America
Benjamin W. SnyderPaul Hastings LLP, Amicus
Benjamin W. SnyderPaul Hastings LLP, Amicus
Express Scripts, Inc., et al.
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
Christopher George MichelQuinn Emanuel Urquhart & Sullivan, LLP, Petitioner
OptumRx, Inc.
Brian David BooneAlston & Bird LLP, Petitioner
Brian David BooneAlston & Bird LLP, Petitioner
Matthew Phillip HookerAlston & Bird LLP, Petitioner
Matthew Phillip HookerAlston & Bird LLP, Petitioner