County of Santa Clara v. Ranger

Opinion

1 2 6 7 COUNTY OF SANTA CLARA, Case No. 22-cv-08901-BLF 8 Plaintiff, ORDER DENYING PLAINTIFF’S 9 Vv. REQUEST FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION [Re: ECF 16] 11 Defendant. a 12

13 On February 8, 2023, this Court remanded the above-captioned action to the Santa Clara

14 County Superior Court pursuant to 28 U.S.C. § 1447(c). See Order Granting Plaintiffs Motion to © 15 Remand, ECF 14. Ranger requests leave to file a motion for reconsideration of the remand order. QO 16 || See Req. for Leave, ECF 16.

= 17 the remand order is based on section 1447(c), a district court has no power to correct 2 18 or vacate it.” Acad. of Country Music v. Cont’l Cas. Co., 991 F.3d 1059, 1064 (9th Cir. 2021) 19 Cnternal quotation marks and citation omitted, italics in original). Any review of the remand 20 order, even by the court that issued it, is precluded by 28 U.S.C. § 1447(d). See 28 U.S.C. § 21 1447(d) (“An order remanding a case to the State court from which it was removed is not 22 reviewable on appeal or otherwise. . . .”); Acad. of Country Music, 991 F.3d at 1064 (“[I]f a 23 remand order is based on § 1447(c), then § 1447(d) precludes review by any federal court.”). 24 Because this Court lacks the power to reconsider its remand order, Ranger’s request for 25 leave to file a motion for reconsideration is DENIED. 27 Dated: February 22, 2023 AU) j Wy □□ acner BETH LABSON FREEMAN 28 United States District Judge