Aguon-Schulte

This case involves an appeal from a district court’s order denying a request to strike outside counsel and remanding the case to the Guam Superior Court for failure to join all defendants in the removal action. Generally, a district court’s order denying a motion to disqualify counsel is not appealable under 28 U.S.C. § 1291 pri- or to final judgment in the underlying litigation. Further, remand orders issued under 28 U.S.C. § 1447 (c) and invoking the grounds specified therein that removal was improvident and without jurisdiction are usually immune from review under § 1447(d). Accordingly, we must determine whether we have jurisdiction to review this case.

We have provisional jurisdiction under 28 U.S.C. § 1291 and we have jurisdiction to determine whether we have jurisdiction to hear the case. See United States v. Ruiz, 536 U.S. 622, 628 , 122 S.Ct. 2450 , 153 L.Ed.2d 586 (2002). For the reasons set forth below, we find that we lack jurisdiction to review this case.

I. Factual Background

The events surrounding this action began twenty months ago with a general election scheduled for November 2, 2004. Included on the ballot was Proposal A, an initiative to legalize gambling on…