George Avila v. Con-Way Freight Inc.

MEMORANDUM

The facts and procedural posture of this case are known to the parties, and we do not repeat them here. Appellant Con-way Freight Inc. poses only one question to us: whether the district court had the authority to remand the case to state court. We hold that once the district court concluded that it lacked subject matter jurisdiction, it had clear authority to remand this case.

We have jurisdiction to determine whether the district court acted within its authority. N. Cal. Dist. Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034 , 1037-38 (9th Cir.1995) (“Although [28 U.S.C.] § 1447(d) on its face appears to withdraw all appellate jurisdiction to review remand orders.... > we have jurisdiction to decide whether a district court has the power to do what it did [in issuing a remand order].” (second alteration in original) (citation and internal quotation marks omitted)).

Con-way Freight argues that the district court did not have authority to remand the case because Appellee George A. Avila’s motion to remand was untimely under 28 U.S.C. § 1447 (c), which states that a “motion to remand the case on the basis of any defect other than lack of subject…