Anne Kakarala v. Wells Fargo Bank

MEMORANDUM

Defendant Wells Fargo Bank, NA (“Wells Fargo”) appeals from the district court’s order remanding Plaintiff Anne Ka-karala’s state law claims to Arizona state court. The matter was originally removed to federal court on the basis of federal question jurisdiction. The district court initially dismissed all of Kakarala’s claims, but, on a motion for reconsideration, dismissed only Kakarala’s federal law claims and remanded her state law claims to state court. We have jurisdiction under 28 U.S.C. § 1291 , and we conclude that the district court erred in remanding Kakara-la’s state law claims because it possessed diversity jurisdiction. We therefore reverse the district court’s remand order.

1. Kakarala contends that we lack appellate jurisdiction to review the district court’s remand order. 28 U.S.C. § 1447 (d) only bars appellate review of remand orders where the remand is based on a lack of subject matter jurisdiction. Carlsbad Tech, Inc. v. HIF Bio, Inc., 556 U.S. 635, 638-39 , 129 S.Ct. 1862 , 173 L.Ed.2d 843 (2009). Thus, “if a district court remands a case to state court for any reason other than lack of subject matter jurisdiction, its remand order is appealable…