MSP Recovery Claims, Series LLC v. Alere Inc.

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 1, 2019
• Docket: 19-11059
• Status: Unpublished

Opinion

Case: 19-11059 Date Filed: 11/01/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 19-11059 Non-Argument Calendar ________________________

D.C. Docket No. 1:18-cv-24703-UU

MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSPA CLAIMS 1, LLC, a Florida limited liability, SERIES PMPI, a designated series of MAO-MSO Recovery II, LLC,

Plaintiffs-Appellees,

versus

ALERE INC., ALERE SAN DIEGO, INC., ALERE HOME MONITORING, INC.,

Defendants-Appellants.

________________________

Appeal from the United States District Court for the Southern District of Florida ________________________

(November 1, 2019) Case: 19-11059 Date Filed: 11/01/2019 Page: 2 of 2

Before TJOFLAT, WILLIAM PRYOR and GRANT, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED for lack of jurisdiction. We lack jurisdiction to

review an order of remand that is based on a lack of subject matter jurisdiction. See

28 U.S.C. §§ 1447(c) & (d). Alere, Inc., and its subsidiaries removed an amended

complaint for a pure bill of discovery filed by MSP Recovery Claims, Series LLC,

and its subsidiaries. The district court provided a colorable rationale for remand

based on a lack of federal question jurisdiction, 28 U.S.C. § 1331, and a lack of

diversity jurisdiction, id. § 1332. See Powerex Corp. v. Reliant Energy Serv., Inc.,

551 U.S. 224, 234 (2007). We lack jurisdiction to review the order of remand.