Linton

Linton v. Axcess Financial Services, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 17, 20233:23-cv-01832California896 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 LAKISHA COLE LINTON, Case No. 23-cv-01832-CRB

Plaintiff,

ORDER DENYING MOTION FOR

v.

LEAVE TO FILE MOTION FOR

RECONSIDERATION

AXCESS FINANCIAL SERVICES,

INC.,

13 Defendant. 14 On June 30, 2023, the Court filed an order remanding this case back to the Alameda 15 County Superior Court for lack of subject matter jurisdiction, and a few days later, the 16 clerk filed the notice of remand. See dkt. 23–24. Defendant Axcess Financial Services, 17 Inc. (“Axcess”) brings a motion for leave to file a motion for reconsideration, arguing the 18 Court erred in deciding that Plaintiff Lakisha Cole Linton (“Linton”) lacked Article III 19 standing to bring her claims for injunctive relief in federal court. See Mot. (dkt. 25). 20 Because the Court lacks jurisdiction over this already-remanded action, Axcess’s motion is

DENIED.

22 Typically, “[o]nce a district court certifies a remand order to state court it is 23 divested of jurisdiction and can take no further action on the case.” Seedman v. U.S. Dist. 24 Ct.…

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