Klein v. State Farm Insurance Co.

Full title: GARY KLEIN, ET AL. v. STATE FARM INSURANCE CO., ET AL

Court: United States District Court, E.D. Louisiana

Date published: Feb 22, 2007

CIVIL ACTION NO: 06-8862, SECTION: "A" (1) (E.D. La. Feb. 22, 2007)

Opinion

CIVIL ACTION NO: 06-8862, SECTION: "A" (1).

February 22, 2007

ORDER

JAY ZAINEY, Senior District Judge

Before the Court is a Motion for Reconsideration (Rec. Doc. 12) filed by defendant State Farm Insurance Co. The motion, set for hearing on February 21, 2007, is before the Court on the briefs without oral argument.

On January 24, 2007, the Court entered an order remanding this case to state court pursuant to 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction. An order remanding a case to state court is not reviewable on appeal or otherwise with exceptions not applicable to this case. 28 U.S.C. § 1447(d). This absolute bar to review applies notwithstanding allegations that the order is erroneous. Linton v. Airbus Industrie, 30 F.3d 592, 599 n. 36 (5^th Cir. 1994). Once the case is remanded the district court is divested of jurisdiction to reconsider its order. Helmer v. Weaver, 123 F. Supp. 2d 1010, 1011 (E.D. La. 2000).

Accordingly;

IT IS ORDERED that the Motion for Reconsideration (Rec. Doc. 12) filed by defendant State Farm Insurance Co. should be and is hereby DENIED.