Ninth Circuit Appeal of United States District Court Sua Sponte Remand to California State Court
Cooper Trust Dtd 10-05-2000 et al. v John L. Parmigiani, United States Court of Appeals for the Ninth Circuit, Case No. 17-55939
United States Court of Appeals for the Ninth Circuit
United States District Court for the Central District of California, Western Division
Superior Court for the County of Los Angeles, Northwest Division, of the Van Nuys Courthouse East
Summary:
After successful dismissal of two prior FINRA arbitration cases, Plaintiff (California resident) filed a complaint against Defendant (New York resident) in California Superior Court for the County of Los Angeles alleging claims for breach of fiduciary duty, fraudulent and negligent misrepresentation, negligence and breach of contract. Despite defective service of process, Defendant removed the case to the United States District Court for the Central District of California, Western Division, which sua sponte remanded the case to California Superior Court absent any motion to remand by Plaintiff
Representation:
- Registered representative of FINRA member broker-dealer after two prior successful dismissal of FINRA arbitration cases
Outcome:
After successfully overcame order to dismiss or show cause that the Court of Appeals lacks jurisdiction over appeal order remanding to state court for a defect in removal procedure is not reviewable “on appeal or otherwise” under 28 U.S.C. § 1447(d), the appeal was granted that reversed the District Order and remanding the case to federal district court for further proceedings. In addition, over rigorous opposition and without specific applicable statutory authority, through a motion to quash, successfully stayed state court case to minimize defense costs during pendency of appeal. Subsequent to Appeal, dismissal with prejudice.
Sample Case Files:
- Opening Brief of Appellant – Appeal from Remand Order of US District Court for Central District of California
- Appellant’s Excerpts of Record – Appeal from Remand Order of US District Court for Central District of California
- Order of Ninth Circuit Court of Appeals Granting Appeal, Reversing District Court and Remanding Case for Further Proceeding
- Formal Mandate of Ninth Circuit Court of Appeals Pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure
- Appellant’s Response to Order to Show Cause Why Appeal Should Not Be Dismissed
- Declaration of Evans in Support of Appellant’s Response to Order to Show Cause Why Appeal Should Not Be Dismissed
- Order Dismissing Show Cause Order and Retaining Appellate Jurisdiction
- Motion and Memorandum of Points and Authorities to Quash Service of Plaintiff’s Complaint or, in the Alternative, to Stay or Dismiss for Forum Non Conveniens; or in the Alternative, to Stay under the Court’s Discretion During Pendency of Federal Appeal