Opinion
Civil Action No. 12-cv-02016-PAB-MJW
09-21-2012
LYNDSEY PARKS, representative of a class of persons insured with USAA, Plaintiffs, v. USAA, and AUTO INJURY SOLUTIONS, a Delaware corporation, Defendants.
MINUTE ORDER
Entered by Philip A. Brimmer
This matter is before the Court on plaintiff's motion requesting leave to file a motion to remand out of time [Docket No. 35]. Defendants removed this action to this Court on August 1, 2012. See Docket No. 1. "A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a)." 28 U.S.C. § 1447(c) (emphasis added). In her proposed motion to remand, plaintiff challenges this Court's subject matter jurisdiction, see Docket No. 35-1 at 3-4, and, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447(c); see Laughlin v. Kmart Corp., 50 F.3d 871, 873 (10th Cir. 1995) ("Subject matter jurisdiction cannot be conferred or waived by consent, estoppel, or failure to challenge jurisdiction early in the proceedings."). Consequently, it is
ORDERED that plaintiff's motion requesting leave to file a motion to remand out of time [Docket No. 35] is GRANTED. Plaintiff is granted leave to file her proposed motion to remand [Docket No. 35-1].