Bilbruck

MEMORANDUM *

Appellant BNSF Railway Company appeals the district court’s order granting *294 Appellee Charles Bilbruck’s motion to remand the action to state court. Remand orders issued under 28 U.S.C. § 1447 (c) and invoking the grounds specified therein are usually immune from review under § 1447(d). Accordingly, we must determine whether we have jurisdiction to review this case. We have provisional jurisdiction under 28 U.S.C. § 1291 and we have jurisdiction to determine whether we have jurisdiction to hear the case. See United States v. Ruiz, 536 U.S. 622, 628 , 122 S.Ct. 2450 , 153 L.Ed.2d 586 (2002). For the reasons set forth below, we find that we lack jurisdiction to review this case.

Section 1447(d) states, in relevant part, that “[a]n order remanding a case to the State court from which it was removed is not renewable on appeal or otherwise.” 28 U.S.C. § 1447 (d). Despite this broad prohibition, the Supreme Court has held that § 1447(d) must be read together with § 1447(c) such that § 1447(d) precludes review only of remands made pursuant to a ground enumerated in § 1447(c). See Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 346 , 96 S.Ct. 584 , 46 L.Ed.2d 542…