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Kakarala v. Wells Fargo Bank

Certiorari Denied

Petition for certiorari denied on April 4, 2016.

Docket No.15-712
Op. Below9th Cir.

Issue

(1) Whether this Court should reconsider and overrule the case Thermtron Products, Inc. v. Hermansdorfer, and its progeny, that allow for appeals of remand orders, in light of the express Congressional proscription of appeals of remands in 28 U.S.C. § 1447(d); and (2) whether district courts should be able to remand a statutorily defective removal despite facially apparent diversity jurisdiction where the removing party has abandoned any claim of diversity by engaging in state court litigation for more than half a year while diverse, and the record suggests that the removal was abusive, dilatory forum shopping.

Proceedings & orders timeline

Nov 25, 2015
Petition for a writ of certiorari filed. (Response due December 31, 2015)
Dec 18, 2015
Order extending time to file response to petition to and including January 29, 2016.
Jan 28, 2016
Brief of respondent Wells Fargo Bank, N.A. in opposition filed.
Feb 5, 2016
Reply of petitioner Anne Mercy Kakarala filed.
Feb 10, 2016
DISTRIBUTED for Conference of February 26, 2016.
Feb 26, 2016
Rescheduled.
Feb 29, 2016
DISTRIBUTED for Conference of March 4, 2016.
Mar 2, 2016
Rescheduled.
Mar 14, 2016
DISTRIBUTED for Conference of March 18, 2016.
Mar 17, 2016
Rescheduled.
Mar 21, 2016
DISTRIBUTED for Conference of March 25, 2016.
Mar 28, 2016
DISTRIBUTED for Conference of April 1, 2016.
Apr 4, 2016
Petition DENIED Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)

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