Bank of New York et al v. Revere

Filing 6

ORDER DENYING MOTION IN OBJECTION TO AND/OR RELIEF FROM ORDER REMANDING BACK TO STATE COURT [#5]. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BANK OF NEW YORK as Trustee
for CERTIFICATE HOLDERS CWABS,
INC. ASSET-BACKED CERTIFICATES,
SERIES 2006-BC2, et al.
Plaintiffs,
Case No. 13-cv-11614
HON. GERSHWIN A. DRAIN
vs.

CINDY L. REVERE,
Defendant.
_______________________/
ORDER DENYING MOTION IN OBJECTION TO AND/OR RELIEF FROM ORDER
REMANDING BACK TO STATE COURT [#5]
Presently before the Court is Defendant’s Motion in Objection to and/or Relief from Order
Remanding Back to State Court. On April 11, 2013, this Court remanded this action to state court
because the action was improperly removed to this Court. See Dkt. No. 2. Therefore, this Court
lacks jurisdiction to review Defendant’s present motion. See Hubbard v. Combustion Engineering,
Inc., 794 F. Supp. 221 (E.D. Mich. 1992). “It is well-recognized that once a district court remands
a case back to state court pursuant to § 1447(c), it loses jurisdiction over the action.” Id. at 222.
While there is a court-recognized narrow exception to this rule, it is inapplicable here. Id. See Dkt.
Nos. 3 and 4.
Accordingly, Defendant’s Motion in Objection to and/or Relief from Order Remanding Back
to State Court [#5] is DENIED.
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SO ORDERED.
Dated: January 14, 2014

/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 14, 2014 , by electronic and/or ordinary mail.
/s/ Tanya Bankston
Deputy Clerk

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