Taylor v. Wal-Mart Assocs., Inc.

Full title: GINA TAYLOR, Plaintiff - Appellee, v. WAL-MART ASSOCIATES, INC., a…

Court: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 13, 2018

No. 17-56218 (9th Cir. Dec. 13, 2018)

Opinion

No. 17-56218

12-13-2018

GINA TAYLOR, Plaintiff - Appellee, v. WAL-MART ASSOCIATES, INC., a Delaware corporation, Defendant - Appellant.

NOT FOR PUBLICATION

D.C. No. EDCV 17-01021 SJO (AJWx) MEMORANDUM^* Appeal from the United States District Court for the Central District of California
S. James Otero, District Judge, Presiding Submitted December 7, 2018^** Pasadena, California Before: IKUTA and N. R. SMITH, Circuit Judges, and STEEH,^*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable George Caram Steeh III, Senior United States District Judge for the Eastern District of Michigan, sitting by designation. --------

The district court remanded this action sua sponte based upon a perceived procedural shortfall, despite the fact that the court acknowledged it had diversity jurisdiction, the amount in controversy exceeded the jurisdictional amount, and Plaintiff did not file a motion to remand. Plaintiff does not challenge the appeal of the district court order. The district court "exceeded its authority under 28 U.S.C. § 1447(c) by remanding sua sponte based on a non-jurisdictional defect." Corona-Contreras v. Gruel, 857 F.3d 1025, 1030 (9^th Cir. 2017). See also Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786, 789-90 (9^th Cir. 2018) ("[T]he district court exceeded its statutory authority in remanding sua sponte on a non-jurisdictional ground, and its order warrants reversal for this reason alone."). VACATED AND REMANDED.