Stevens

Stevens v. Brink's Home Security, Inc.

Good Law
378 F.3d 944·2004 WL 1737647
United States Court of Appeals for the Ninth CircuitAugust 4, 2004No. 03-35217California1,976 words

Opinion

Lead Opinion

Thompson, J.

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.

We conclude we lack appellate jurisdiction because the district court’s remand order is unreviewable under 28 U.S.C. § 1447 (d), and even if the amendment order is separable from the remand order, the amendment order is not a final order under 28 U.S.C. § 1291 , nor is it reviewable under the collateral order exception. See Jeff D. v. Kempthome, 365 F.3d 844 , 849 (9th Cir.2004). Accordingly, we dismiss this appeal.

*946 David Stevens and Donald Goines filed a class action complaint in Washington state court against their employer, Brink’s Home Security (“the appellant”). The complaint sought unpaid wages and overtime pay pursuant to the state’s labor laws. The appellant properly removed the action to the United States District Court for the Western District of Washington on the basis of federal diversity jurisdiction. See 28…

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