GINA TAYLOR V. WAL MART ASSOCIATES, INC., No. 17-56218 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED DEC 13 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GINA TAYLOR, No. Plaintiff - Appellee, U.S. COURT OF APPEALS 17-56218 D.C. No. EDCV 17-01021 SJO (AJWx) v. WAL-MART ASSOCIATES, INC., a Delaware corporation, MEMORANDUM* Defendant - Appellant. Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding Submitted December 7, 2018** Pasadena, California Before: IKUTA and N. R. SMITH, Circuit Judges, and STEEH,*** District Judge. The district court remanded this action sua sponte based upon a perceived * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable George Caram Steeh III, Senior United States District Judge for the Eastern District of Michigan, sitting by designation. *** procedural shortfall, despite the fact that the court acknowledged it had diversity jurisdiction, the amount in controversy exceeded the jurisdictional amount, and Plaintiff did not file a motion to remand. Plaintiff does not challenge the appeal of the district court order. The district court “exceeded its authority under 28 U.S.C. § 1447(c) by remanding sua sponte based on a non-jurisdictional defect.” CoronaContreras v. Gruel, 857 F.3d 1025, 1030 (9th Cir. 2017). See also Kenny v. WalMart Stores, Inc., 881 F.3d 786, 789-90 (9th Cir. 2018) (“[T]he district court exceeded its statutory authority in remanding sua sponte on a non-jurisdictional ground, and its order warrants reversal for this reason alone.”). VACATED AND REMANDED. 2

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