Marwan Green v. Flowers Bakeries Sales of Norcal, LLC

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARWAN GREEN, Case No. 25-cv-06679-JSC

8 Plaintiff, ORDER RE: MOTION TO CERTIFY 9 v. NOVEMBER 6, 2025 ORDER FOR INTERLOCUTORY APPEAL 10 FLOWERS BAKERIES SALES OF NORCAL, LLC, Re: Dkt. No. 33 11 Defendant.

12 13 On November 6, 2025, the Court remanded this case to state court. (Dkt. No. 28.)1 The 14 Court mailed certified copies of the docket and Order to the Alameda Superior Court on the same 15 day. (Dkt. No. 29.) Nearly two weeks later, Defendant moved for reconsideration of that Order, 16 which the Court denied. (Dkt. Nos. 31, 32.) And two weeks after the Court’s denial, Defendant 17 moved to certify the Court’s November 6, 2025 Order for interlocutory appeal pursuant to 28 18 U.S.C. § 1292(b) and to stay the case pending the appeal. (Dkt. No. 33.) 19 After carefully considering the arguments and briefing submitted, the Court concludes oral 20 argument is unnecessary, see Civ. L.R. 7-1(b), and DENIES Defendant’s motion for the reasons 21 set forth below. An order remanding a case to state court is “not reviewable on appeal or 22 otherwise.” 28 U.S.C. § 1447(d). “Once a district court certifies a remand order to state court it is 23 divested of jurisdiction and can take no further action on the case.” Seedman v. U.S. Dist. Ct. for 24 Cent. Dist. of California, 837 F.2d 413, 414 (9th Cir. 1988). While a court may certify order an 25 order denying remand as appealable under certain circumstances, see Mattel, Inc. v. Bryant, 442 F. 26 Supp. 2d 1081, 1089-1100 (C.D. Cal. Mar. 4, 2005), aff’d 446 F.3d 1011 (9th Cir. 2006), a court 27 ] cannot so certify an order granting remand because, upon certification of the order, the Court “is 2 || divested of jurisdiction and can take no further action on the case.” Seedman, 837 F.2d at 415. 3 This Order disposes of Docket No. 33. The Clerk of Court shall mail certified copies of 4 || this Order and the updated docket in this case to the Alameda Superior Court. 5 IT IS SO ORDERED. 6 || Dated: February 3, 2026 7 ’ ie Set D 8 JACQUELINE SCOTT CORLE 9 United States District Judge 10 1] a 12

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