Woodard et al v. ICON Health & Fitness, Inc.

Filing 12

ORDER denying 9 Defendants motion to reconsider by Judge Christine M. Arguello on 10/20/2011.(erv, ) (Modified on 10/21/2011 corrected filing date to 10/20/2011)(erv, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-02562-CMA-BNB
KRISTEN WOODARD, an individual, and
KEVIN WOODARD, an individual,
Plaintiff,
v.
ICON HEALTH & FITNESS, INC., a Delaware corporation,
Defendant.

ORDER DENYING DEFENDANT’S MOTION TO RECONSIDER

This matter is before the Court on Defendant’s Unopposed Motion for
Reconsideration of This Court’s Order Remanding This Case to Denver District State
Court (Doc. # 9). The Court does not have jurisdiction in this case, and therefore denies
the motion.
The Court certified its Remand Order (Doc. # 6) and transmitted the documents
in the case to Denver District Court on October 6, 2011 (Doc. # 7). Therefore, the Court
was divested of jurisdiction before Defendant filed its October 12, 2011, motion. See,
e.g., 16 James WM. Moore et al., Moore’s Federal Practice ¶ 107.42 (3d ed. 2011)
(collecting cases and stating that “[o]nce a district court certifies such a remand order to
state court, it is divested of jurisdiction and may not take any further action on the
case”). Without jurisdiction this Court cannot reconsider its Remand Order. See, e.g.,
Adams v. Allstate Ins. Co., No. 08-cv-01567, 2008 WL 4831425, at *1 (D. Colo. Nov. 4,

2008) (unpublished) (citing with approval Whiddon Farms, Inc. v. Delta and Pine Land
Co., 103 F. Supp. 2d 1310, 1311 (S.D. Ala. 2000) (denying motion to reconsider
because court was divested of jurisdiction when it entered remand order)).
Accordingly, it is ORDERED that Defendant’s motion to reconsider is DENIED.
DATED: October

20 , 2011
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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