Supreme Court of the United States · Official docket →

Michael J. DeMartini, et ux. v. Timothy P. DeMartini, et ux.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16400, 18-15882 · judgment July 6, 2020

Certiorari denied · October 4, 2021

Pre-decision estimate: 6% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

28 U.S.C. § 1447(d) provides: “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.” 28 U.S.C. § 1447(e) provides: “If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.” The questions presented are:

Whether an antecedent court order amending a complaint to join a diversity-destroying defendant is separable from a § 1447(e) remand order and thus not barred from review by § 1447(d)?
Whether § 1447(d) bars review of a § 1447(e) remand order based on an antecedent court order joining a party whose joinder does not destroy subject matter jurisdiction?

Counsel of record

For petitioner
Kathryn M. Davis
Law Office of Kathryn M. Davis

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

Oct 04 2021
Petition DENIED.
Jul 14 2021
DISTRIBUTED for Conference of 9/27/2021.
May 24 2021
Petition for a writ of certiorari filed. (Response due June 25, 2021)
Petition Appendix Certificate of Word Count Proof of Service