Thomas Evans v. Cemex Construction Materials Pacific, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 26 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS EVANS, an individual, No. 23-55556

Plaintiff-Appellee, D.C. No. 5:22-cv-02189-SSS-SHK v.

CEMEX CONSTRUCTION MATERIALS MEMORANDUM*

PACIFIC, LLC, a Delaware Limited Liability Company; CEMEX, INC.,

Defendants-Appellants,

Appeal from the United States District Court for the Central District of California Sunshine Suzanne Sykes, District Judge, Presiding

Argued and Submitted June 17, 2024 San Francisco, California

Before: CLIFTON, COLLINS, and LEE, Circuit Judges.

Cemex Construction Materials Pacific, LLC (“CCMP”) and Cemex, Inc.

(collectively, “Cemex”) appeal the district court’s order granting Thomas Evans’s

motion to remand the case to state court. At issue is whether this court has

jurisdiction to review this case under 28 U.S.C. § 1447(d). We have provisional

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. jurisdiction under 28 U.S.C. § 1291, and “we have…