Myer Sankary v. Nina Ringgold

MEMORANDUM

The Appellants, Nina Ringgold and Justin Lockhart, appeal from the district court’s order remanding this case to state court. The Appellants challenge: (1) the district court’s refusal to allow Nina Ring-gold to file a notice of joinder; (2) the denial of the Appellants’ application to disqualify the judge; (3) the decision to remand; and (4) the district court’s award of attorney’s fees to the Appellee.

We have jurisdiction to review the remand order pursuant to 28 U.S.C. § 1447 (d). We have jurisdiction to review the other issues raised on appeal pursuant to 28 U.S.C. § 1291 . We reverse the award of attorney’s fees and affirm in all other respects.

The district court did not err in refusing to allow Nina Ringgold to file a notice of joinder. Nina Ringgold was prevented from fifing the notice because she was subject to a pre-filing order in the district. She contends that she nonetheless should have been permitted to join “solely in the capacity as the trustee of the Aubry Family Trust.” However, it does not appear that Nina Ringgold is a trustee of the Aubry Family Trust. See In re Ringgold, 142 Cal.App.4th 1001, 1004 , 48 Cal.Rptr.3d 507 (2006) (noting that Nina…