County of Santa Clara v. Ranger
- Beth Freeman
- 5:22-cv-08901
- U.S. District Court · Northern District of California
- 1
In County of Santa Clara v. Ranger, Judge Freeman denied Ranger’s request to seek reconsideration because federal law barred review of the remand order.
County of Santa Clara and Kelly Anne Ranger; the federal remand order remained in place, sending the case to Santa Clara County Superior Court.
What happened
In County of Santa Clara v. Ranger, the federal court had already sent the case to Santa Clara County Superior Court.
Kelly Anne Ranger asked for permission to file a motion asking the federal court to reconsider that decision. The court explained that federal law prevented review of a remand order based on the cited statute.
Judge Beth Labson Freeman denied Ranger’s request for permission to file a reconsideration motion because the court lacked power to reconsider its remand order.
The detailed version
- County of Santa Clara v. Ranger · No. 5:22-cv-08901
- Beth Freeman
- Feb. 22, 2023
Background
On February 8, 2023, the court remanded, or sent back, the case to Santa Clara County Superior Court under 28 U.S.C. § 1447(c). Kelly Anne Ranger then requested permission to file a motion for reconsideration of the remand order.
Court’s analysis
The court relied on Ninth Circuit precedent stating that when a remand order is based on § 1447(c), a district court has no power to correct or vacate it. The court also cited 28 U.S.C. § 1447(d), which provides that an order remanding a case to the state court from which it was removed is not reviewable on appeal or otherwise.
Ruling
Because it lacked power to reconsider its remand order, the court denied Ranger’s request for leave to file a motion for reconsideration. Judge Beth Labson Freeman signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.