McMillan v. UAW-Ford Legal Services Plan et al

Filing 20

ORDER denying 19 Defendants' Motion for Reconsideration of this Court's Order of Remand. Signed by Judge Virginia M. Hernandez Covington on 3/28/2011. (CR)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ELIZABETH MCMILLAN, Plaintiff, v. UAW-FORD LEGAL SERVICES PLAN, et al., Defendants. _______________________________/ ORDER This cause comes before the Court pursuant to Defendants' Motion for Reconsideration of this Court's Order of Remand (Doc. # 19). Defendants move this Court to reconsider its CASE NO: 8:10-cv-1561-T-33MAP

order remanding the case to state court for lack of subject matter jurisdiction. A district court, however, is barred

from reconsidering its own remand order when a case is remanded for lack of subject matter jurisdiction or defects in the removal procedure. 28 U.S.C. § 1447(d); First Union Nat'l Bank v. Hall, 123 F.3d 1374, 1377-78 (11th Cir. 1997); In re Loudermilch, 158 F.3d 1143, 1146-47 (11th Cir. 1998). Accordingly, it is ORDERED, ADJUDGED, and DECREED: Defendants' Motion for Reconsideration of this Court's Order of Remand (Doc. # 19) is DENIED.

DONE and ORDERED in Chambers in Tampa, Florida, this 28th day of March, 2011.

Copies: All Counsel of Record

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