MSP Recovery Claims, Series LLC, et al v. Alere Inc., et al, No. 19-11059 (11th Cir. 2019)

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Case: 19-11059 Date Filed: 11/01/2019 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11059 Non-Argument Calendar ________________________ D.C. Docket No. 1:18-cv-24703-UU MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSPA CLAIMS 1, LLC, a Florida limited liability, SERIES PMPI, a designated series of MAO-MSO Recovery II, LLC, Plaintiffs-Appellees, versus ALERE INC., ALERE SAN DIEGO, INC., ALERE HOME MONITORING, INC., Defendants-Appellants. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (November 1, 2019) Case: 19-11059 Date Filed: 11/01/2019 Page: 2 of 2 Before TJOFLAT, WILLIAM PRYOR and GRANT, Circuit Judges. PER CURIAM: This appeal is DISMISSED for lack of jurisdiction. We lack jurisdiction to review an order of remand that is based on a lack of subject matter jurisdiction. See 28 U.S.C. §§ 1447(c) & (d). Alere, Inc., and its subsidiaries removed an amended complaint for a pure bill of discovery filed by MSP Recovery Claims, Series LLC, and its subsidiaries. The district court provided a colorable rationale for remand based on a lack of federal question jurisdiction, 28 U.S.C. § 1331, and a lack of diversity jurisdiction, id. § 1332. See Powerex Corp. v. Reliant Energy Serv., Inc., 551 U.S. 224, 234 (2007). We lack jurisdiction to review the order of remand. 2

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