David Stevens v. Brink's Home Security, Inc.

378 F.3d 944 David STEVENS; Donald A. Goines, on behalf of all others similarly situated, Plaintiffs-Appellees, v. BRINK'S HOME SECURITY, INC., Defendant-Appellant, and Eddie Keeley Agnich, aka Skip Keeley; Howard Goakey, Defendants. No. 03-35217. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 2004. Filed August 4, 2004. Daniel L. Thieme, Seattle, WA, for the defendant-appellant. Martin S. Garfinklel, Seattle, WA, for the plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington, Thomas S. Zilly, District Judge, Presiding. D.C. No. CV-02-02520-TSZ. Before: PREGERSON, THOMPSON, and CALLAHAN, Circuit Judges. THOMPSON, Senior Circuit Judge: 1 In this appeal, we are called upon to decide whether we have jurisdiction to review an order of the district court that granted the plaintiffs' motion to amend their complaint to add non-diverse defendants, and then remanded the case to state court. The amendment of the complaint destroyed diversity, which was the sole basis for federal court jurisdiction. 2 We conclude we lack appellate jurisdiction because the district court's remand order is unreviewable under 28…