City of Phenix City, Alabama, Phenix City Red Light Safety Program v. Carroll (JOINT ASSIGN)(MAG+)

Filing 39

ORDERED that Defendant Jerry Paul Carroll's 38 motion for a stay of remand is DENIED. Signed by Chief Judge William Keith Watkins on 4/12/2016. (kh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CITY OF PHENIX CITY, ALABAMA, PHENIX CITY RED LIGHT SAFETY PROGRAM , et al., Plaintiffs, v. JERRY PAUL CARROLL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:15-CV-748-WKW [WO] ORDER Before the court is Defendant Jerry Paul Carroll’s motion for a stay of remand. (Doc. # 38.) Defendant seeks a stay pending his anticipated appeal of the April 5, 2016 order of remand. (Doc. # 37.) With some exceptions not applicable in this case, “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” 28 U.S.C. § 1447(d); Harris v. Blue Cross/Blue Shield of Alabama, Inc., 951 F.2d 325, 330 (11th Cir. 1992). The case Defendant cites in support of his motion, Dalton v. Walgreen Co., No. 4:13 CV 603 RWS, 2013 WL 2367837 (E.D. Mo. May 29, 2013), which is not binding precedent, is inapplicable. In Dalton, the usual rule that “an order remanding a case to state court is generally not reviewable on appeal” did not apply because Dalton (unlike the present case) was removed pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. §§ 1332(d), 1446, 1453. Dalton, 2013 WL 2367837 at *1. CAFA contains an express exception to § 1447(d)’s prohibition on appeals from remand orders. 2013 WL 2367837 at *1; 28 U.S.C. § 1453(c)(1). Dalton, Other exceptions to the nonappealabity rule of § 1447(d), which allow for appeal of remand orders in cases removed pursuant to 28 U.S.C. §§ 1441 and 1443, are also inapplicable here. 28 U.S.C. § 1447(d). Accordingly, it is ORDERED that Defendant Jerry Paul Carroll’s motion for a stay of remand (Doc. # 38) is DENIED. DONE this 12th day of April, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE   2

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