Somerville et al v. Janssen Pharmaceuticals, Inc. et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Reconsider [ECF No. 23 ] is DENIED. Signed by District Judge Ronnie L. White on January 3, 2018. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
FREDERICK SOMERVILLE, et al.,
Case No. 4:17-CV-1307 RLW
JANSSEN PHARMACEUTICALS, INC., et al.,
MEMORANDUM AND ORDER
This matter is before the Court on Defendants' Motion to Reconsider [ECF No. 23].
Plaintiffs have filed a response in opposition to Defendants' motion.
Defendants have not
submitted a reply brief, and the time for doing so has expired. For the reasons set forth below,
Defendants' Motion to Reconsider is denied.
On November 28, 2017, this Court remanded Plaintiffs' cause of action to the Circuit
Court for the Twenty-Second Judicial Circuit, City of St. Louis, State of Missouri for lack of
subject matter jurisdiction. [ECF No. 22] The same day, the Clerk of the Court mailed a copy of
the Order to the City of St. Louis Circuit Court. (See Notation, ECF No. 21.) On December 1,
2017, Defendants filed a Motion to Reconsider, arguing that there is no basis in law or fact for
personal jurisdiction over the out-of-state Plaintiffs. In response, Plaintiffs assert that 28 U.S.C.
§ 144 7(d) bars reconsideration of an order granting a motion to remand.
Under 28 U.S.C. § 1447, "[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). "This
language has been universally construed to preclude not only appellate review but also
reconsideration by the district court." Shapiro v. Logistec USA, Inc., 412 F.3d 307, 311 (2d Cir.
2005) (citation and internal quotation omitted). Courts within the Eighth Circuit have held that
pursuant to the language of§ 1447(d), a district court lacks jurisdiction to reconsider orders of
remand. New Century Health Quality All., Inc. v. Blue Cross & Blue Cross & Blue Shield of
Kansas City, Inc.,, No. 05-0555-CV-W-SOW, 2005 WL 2319845, at *2 (W.D. Mo. Sept. 20,
2005); see also Peace v. Time Ins. Co., No. 09-0071-CV-W-FJG, 2009 WL 1140181, at *1
(W.D. Mo. Apr. 28, 2009) ("Therefore, the Court finds it no longer has jurisdiction over this
matter, and has no authority to consider Defendant's Motion to Reconsider."). Thus, the Court
will deny Defendants' Motion to Reconsider the Order of Remand of November 28, 2017.
IT IS HEREBY ORDERED that Defendants' Motion to Reconsider [ECF No. 23] is
Dated this 3rd day of January, 2018.
RONNIE L. WHITE
UNITED ST ATES DISTRICT JUDGE
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