Homestead Insurance v. Casden Co.

MEMORANDUM *

Casden Co. appeals the district court’s denial of its motion to remand its damages *435 action, No. 04-01941, and the district court’s summary judgment in favor of Homestead Insurance Co. on its declaratory relief action, No. 01-11021. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

The district court erred in 2004 when it denied Casden’s motion to remand the damages action following Homestead’s second petition to remove it to federal court. Seedman v. United States District Court, 837 F.2d 413, 414 (9th Cir.1988) (holding that after the district court certifies a remand order to the state court it lacks jurisdiction to vacate even an erroneous remand order issued pursuant to 28 U.S.C. § 1447 (c)). The district court’s certification of its April 2003 remand order to the state court on May 1, 2003 divested the district court of jurisdiction to correct or vacate the remand order. Id. Because Homestead’s second removal petition, based on the identical § 1447(c) ground as the prior removal, cannot reinvest jurisdiction, id., the district court lacked jurisdiction to entertain the action. All subsequent orders issued by the district court in that…