Brody

MEMORANDUM *

Matt Brody, on behalf of himself and others similarly situated, seeks a writ of mandamus to require the district court to vacate its order denying his motion to remand under the Securities Litigation Uniform Standards Act.

A writ of mandamus is “an ‘extraordinary remedy that should only be invoked in ‘exceptional circumstances.’ ” United States v. Harper, 729 F.2d 1216, 1221 (9th Cir.1984) (quoting Will v. United States, 389 U.S. 90, 95 , 88 S.Ct. 269 , 19 L.Ed.2d *765 305 (1967)). To determine whether such relief is appropriate, we ask whether: (1) the petitioner has other means, such as a direct appeal, of attaining the desired relief, (2) the petitioner will be damaged in a way not correctable on appeal, (3) the district court’s order is clearly erroneous as a matter of law, (4) the order is an oft-repeated error or manifests a persistent disregard of the federal rules, and (5) the order raises new and important problems or legal issues of first impression. Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir.1977).

A direct appeal will be available to correct the alleged error, and petitioners have not shown they will suffer “some burden ... other…