Mani Subramanian v. St. Paul Fire & Marine Insuran

Good Law
494 F. App'x 817
United States Court of Appeals for the Ninth CircuitOctober 19, 201208-17413, 08-17414, 08-17415, 08-17416California1,062 words

Opinion

Opinion

MEMORANDUM

These four consolidated appeals involve a state court insurance coverage case twice removed to federal court and twice remanded, a 2004 federal action in which the district court dismissed or stayed all the substantive claims and we affirmed in a previous appeal, and a 2008 federal action based on the same factual allegations in which the district court again dismissed all the substantive claims with prejudice. We affirm.

1. Remand Orders in Appeals No. 08-17414 and No. 08-17415

The district court remanded the twice-removed insurance coverage case in district court case Nos. 04-1403 and 04-1818 under 28 U.S.C. § 1447 (c) because it lacked subject matter jurisdiction. “An order remanding a case to the State court from which it was removed is not reviewable on appeal.” 28 U.S.C. § 1447 (d); Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12 , 116 S.Ct. 1712 , 135 L.Ed.2d 1 (1996); Abada v. Charles Schwab & Co., 300 F.3d 1112, 1116 (9th Cir.2002). Accordingly, we must dismiss appeals No. 08-17414 and No. 08-17415. Abada, 300 F.3d at 1119 .

2. Motions for relief from the 2007 Judgment in Appeal 08-17413

The district court entered final orders disposing of all the…

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