Linton v. Axcess Financial Services, Inc.

Background

The court had previously remanded the case to Alameda County Superior Court for lack of subject-matter jurisdiction. The clerk later filed the notice of remand. Axcess Financial Services, Inc. then moved for leave to file a motion for reconsideration, arguing that the court had erred in deciding that Lakisha Cole Linton lacked Article III standing to pursue injunctive relief in federal court.

Jurisdiction after remand

The court explained that once a district court certifies a remand to state court, it generally loses jurisdiction and cannot take further action in the case. Section 1447(d) generally bars review of remand orders. Because Axcess removed the case under the Class Action Fairness Act, however, 28 U.S.C. § 1453(c)(1) allowed a limited appeal from the remand order if an application was made to the court of appeals within 10 days after the order was entered.

Axcess filed a motion for leave to seek reconsideration but did not file a petition to appeal. The remand order was entered on June 30, 2023, so the court concluded that Axcess had not used the limited appeal procedure. The court found more persuasive the cases holding that a district court lacks jurisdiction to decide a reconsideration motion after a remand under these circumstances. It also rejected Axcess’s reliance on two cases, explaining that one involved a different removal statute and the other involved a timely appeal petition.

Disposition

Judge Charles R. Breyer concluded that the court retained no jurisdiction over a motion for reconsideration. The court denied Axcess’s motion for leave to file a motion for reconsideration for lack of jurisdiction.