The Bank of New York Mellon v. Ackerman, No. 19-4066 (6th Cir. 2020)
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More than a decade ago, the Bank began foreclosure proceedings against the Ackermans. In 2010, an Ohio court entered judgment in the Bank’s favor. The Ackermans have sought to thwart the foreclosure sale. They tried to remove their case to federal court. The district
court concluded that it lacked jurisdiction and remanded their case to state court. The Sixth Circuit dismissed the Ackermans' appeal for lack of jurisdiction, 28 U.S.C. 1447(d); Later, the Ackermans moved the district court to reconsider its remand order. The district court denied their motion, reasoning that it lacked jurisdiction to reconsider its order. The Sixth Circuit again dismissed an appeal for lack of jurisdiction. The court cited multiple cases that have construed section 1447(d) as precluding further reconsideration or review of a district court’s order remanding a case back to state court because a remand divests the district court of any further jurisdiction over the case. To review an order denying a motion to reconsider a remand order would “circumvent the jurisdiction-stripping function of section 1447(d).”
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