Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280 (5th Cir. 2004). · Go Syfert
Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280 (5th Cir. 2004). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2020–2025 · 2 courts · …by its own terms, 1447(c) is limited to motions, not issues. at p. 284
84 citation events (84 in the last 25 years) across 16 distinct courts.
Strongest positive: Piccirilli v. Safeco Insurance Company of Illinois (moed, 2025-06-17) · Strongest negative: MSP Recovery Claims, Series LLC v. The Hanover Insurance Company (ca11, 2021-04-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Distinguished MSP Recovery Claims, Series LLC v. The Hanover Insurance Company
11th Cir. · 2021 · signal: see · confidence high
See Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280 , 283–84 (5th Cir. 2004) (rejecting the defendant’s argument that the district court’s remand order was “logically indistinguishable from a sua sponte motion” when it “remand[ed] a case for reasons that are not listed in the original motion for remand”).
discussed Cited as authority (verbatim quote) Piccirilli v. Safeco Insurance Company of Illinois
E.D. Mo. · 2025 · quote attribution · 1 verbatim quote · confidence high
by its own terms, 1447(c) is limited to motions, not issues.
discussed Cited as authority (verbatim quote) Cox v. Black
W.D. Tex. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
so long as a procedurally-based motion for remand is timely filed, and the order is not affirmatively based on a non- 1447(c) ground, we will not review a district court's remand order.
discussed Cited as authority (verbatim quote) Course v. Walgreen Louisiana Co., Inc.
E.D. La. · 2020 · quote attribution · 1 verbatim quote · confidence high
by its own terms, 1447(c) is limited to motions, not issues.
cited Cited as authority (rule) James Lumar v. Allied Trust Insurance Company
E.D. La. · 2025 · signal: cf. · confidence medium
Cf. Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004) (citing Quackenbush v. Allstate Ins.
cited Cited as authority (rule) Marlon v. Marlon
5th Cir. · 2025 · confidence medium
“Congress has severely circumscribed the power of federal appellate courts to review remand orders.” Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004).
discussed Cited as authority (rule) Garcia v. Frisby
E.D. Tex. · 2025 · confidence medium
Non-jurisdictional defects in the removal procedure, such as removal by an in-state defendant, however, are waived unless raised in a motion to remand within thirty days after removal. 28 U.S.C. § 1447 (c); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004); Denman by Denman v. Snapper Div., 131 F.3d 546, 548 (5th Cir. 1998) (citing In re Shell Oil Co., 932 F.2d 1518, 1523 (5th Cir. 1991)).
discussed Cited as authority (rule) Belton v. Regions Bank NA
M.D. La. · 2025 · confidence medium
Having carefully considered Plaintiff Will Belton’s Notice of Removal (Doc. 1) and Defendants’ unopposed Motions to Remand (Docs. 3, 4, 6), the Court APPROVES the Magistrate Judge’s Report And Recommendation and ADOPTS it 1 The Fifth Circuit has expressly stated that “all removal defects are waivable except for lack of original subject matter jurisdiction.” In re Digicon Marine, Inc., 966 F.2d 158, 160 (5th Cir. 1992). “[A] motion for remand based on procedural defects that is brought more than 30 days after the removal of the action, is outside of the district court’s power to g…
examined Cited as authority (rule) Abraham Watkins v. Festeryga (3×) also: Cited "see", Cited "see, e.g."
5th Cir. · 2025 · confidence medium
II A Removal procedures are governed by statute,10 and Congress has placed “broad restrictions on the power of federal appellate courts to review district court orders remanding removed cases to state court.”11 Chief among those restrictions is 28 U.S.C. § 1447 (d), which on its face imposes a categorical bar: “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” Despite this seemingly clear language, the Supreme Court has sharply narrowed § 1447(d)’s scope.12 The Court has held that § 1447(d) must be ___________________…
discussed Cited as authority (rule) Kruger v. Altom Transport Inc
E.D. Tex. · 2025 · confidence medium
Non-jurisdictional defects in the removal procedure, such as removal by an in-state defendant, however, are waived unless raised in a motion to remand within thirty days after removal. 28 U.S.C. § 1447 (c); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004); Denman by Denman v. Snapper Div., 131 F.3d 546, 548 (5th Cir. 1998) (citing In re Shell Oil Co., 932 F.2d 1518, 1523 (5th Cir. 1991)).
discussed Cited as authority (rule) Abraham Watkins v. Festeryga
5th Cir. · 2024 · confidence medium
Co., 989 F.3d 301 , 310–11 (5th Cir. 2021). 9 Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004). 10 See id. (listing examples of discretionary grounds for removal). 11 Quackenbush v. Allstate Ins.
discussed Cited as authority (rule) Cheapside Minerals v. Devon Energy
5th Cir. · 2024 · confidence medium
But Devon concedes that, “when permitted” § 1453(c) is the “superior alternative, and so it should be utilized here.” Plaintiffs agree with Devon that § 1453(c) is the preferable route to hear appeals concerning CAFA but offer no argument as to whether Devon could have brought this appeal under § 1291. 5 The parties do not point to authorities exhibiting that other circuits have reached a contrary conclusion, nor are we aware of any. 4 Case: 23-40591 Document: 70-1 Page: 5 Date Filed: 03/01/2024 No. 23-40591 c/w No. 24-40026 of subject matter jurisdiction or a procedural removal “…
discussed Cited as authority (rule) Weekes v. Allstate Fire and Casualty Insurance Company
N.D. Tex. · 2023 · confidence medium
In re Allstate, 8 F.3d 219, 223 (5th Cir. 1993) (finding “no basis, in either the language of the amended statute or in policy, for conferring upon the district courts discretion sua sponte to remand for purely procedural defects”); see also Schacht, 524 U.S. at 392 ; Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004) (“[W]ithout a motion from a party, the district court’s remand order is not authorized by [28 U.S.C.] § 1447(c).
discussed Cited as authority (rule) Askew Hunt v. Meridian Security Insurance Company State Auto Insurance Companies
N.D. Tex. · 2023 · confidence medium
In re Allstate, 8 F.3d 219, 223 (5th Cir. 1993) (finding “no basis, in either the language of the amended statute or in policy, for conferring upon the district courts discretion sua sponte to remand for purely procedural defects”); see also Schacht, 524 U.S. at 392 ; Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004) (“[W]ithout a motion from a party, the district court’s remand order is not authorized by § 1447(c).
cited Cited as authority (rule) Searcy v. Orchard National Title
5th Cir. · 2023 · confidence medium
“Congress has severely circumscribed the power of federal appellate courts to review remand orders.” See Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004).
discussed Cited as authority (rule) Butler v. The TJX Companies Inc
N.D. Tex. · 2022 · confidence medium
Unless Congress provides otherwise, a “civil action brought in a State court of is brought more than 30 days after the removal of the action, is outside of the district court’s power to grant.” Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004). which the district courts of the United States have original jurisdiction, may be removed by the defendant or defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441 (a).
discussed Cited as authority (rule) Wehmeyer v. A T & T Corp
W.D. La. · 2021 · confidence medium
Fire, 558 F.3d 378, 392-93 (5th Cir. 2009); In re Shell Oil Co., 932 F.2d 1518, 1523 (5th Cir. 1991). 9 28 U.S.C. § 1447 (c); Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 284 (5th Cir. 2004); In re Shell Oil Co., 932 F.2d at 1523 . 10 In re Shell Oil Co., 932 F.2d at 1523 ; H & H Terminals, LC v. R.
discussed Cited as authority (rule) Kolwe v. Civ & Structural Engineers
5th Cir. · 2021 · confidence medium
Jurisdiction exists to determine the [c]ourt’s jurisdiction.” (internal citations omitted)). 5 Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004). 6 Id. (alteration in original) (quoting 28 U.S.C. § 1447 (d)). 7 Id. 8 See Quackenbush v. Allstate Ins.
discussed Cited as authority (rule) Certified Pressure Testing LLC v. Markel American Insurance Company
N.D. Tex. · 2021 · confidence medium
Entergy Louisiana, Inc., 394 F.3d 280, 284 (Sth Cir. 2004) (rejecting argument that court may not sva sponte consider a procedural defect that is not raised in timely-filed motion for remand based on other procedural defects), case complies with our rule that ‘other paper’ must result from the voluntary act of a plaintiff which gives the defendant notice of the changed circumstances which now support federal jurisdiction”), John Hunter, Inc. v. Great Impressions Apparel, Inc., 313 F. Supp. 2d 644, 646 (N.D.
discussed Cited as authority (rule) Mendez v. FIT Transport Logistics, Inc. (2×) also: Cited "see, e.g."
W.D. Tex. · 2020 · confidence medium
Schexnayder, 394 F.3d at 284 (rejecting the argument that district court may not sua sponte consider a procedural defect that is not raised in plaintiff’s timely-filed motion for remand based on other procedural defects).
cited Cited as authority (rule) West v. Guerra
E.D. La. · 2020 · confidence medium
La. 2019) (quoting Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004)). 16 Smith v. Bank of Am.
cited Cited as authority (rule) Kane v. J.D. Lallo, Inc.
M.D. Fla. · 2020 · confidence medium
Fla. July 26, 2010); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283-85 (5th Cir. 2004).
discussed Cited as authority (rule) Hill v. National Insurance Underwriters, Inc.
11th Cir. · 2016 · confidence medium
Again, § 1447(c) provides that an order on procedural grounds must be based on “[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction.” 28 U.S.C. § 1447 (c); see also Afijen, 561 F.3d at 1296 (holding that, for review to be barred, the order must be based on “a defect in removal other than lack of subject matter jurisdiction that was raised by the motion of a party” (quoting Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 196 (4th Cir.2008))); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 285 (5th Cir.2004) (“So long as a…
discussed Cited as authority (rule) Redus v. University of the Incarnate Word
W.D. Tex. · 2014 · confidence medium
Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir.2004). “[A] motion for remand based on procedural defects that is brought more than 30 days after the removal of the action, is outside of the district court’s power to grant.” Id.
discussed Cited as authority (rule) Mary Ernewayn v. Home Depot USA, Incorporated (2×) also: Cited "see, e.g."
5th Cir. · 2013 · confidence medium
Schexnayder states: Non § 1447(c) grounds for which a district court might remand a case include those remands made for purely discretionary reasons, ... abstention-based remands, ... remands based on § 1115(c), In re Excel Corp., 106 F.3d 1197, 1200 (5th Cir.1997), and remands based on the district court’s discretionary powers under § 1441(c) ... among others. 394 F.3d at 283 (emphases added; [internal citations omitted]).
discussed Cited as authority (rule) in Re Haynes and Boone, LLP and Patrick L. Hughes
Tex. App. · 2012 · confidence medium
Congress elected to make a federal court’s determination that a case should be remanded generally non-reviewable. 28 U.S.C. § 1447 (d); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004).
discussed Cited as authority (rule) in Re Haynes and Boone, LLP and Patrick L. Hughes
Tex. App. · 2012 · confidence medium
Congress elected to make a federal court’s determination that a case should be remanded generally non-reviewable. 28 U.S.C. § 1447 (d); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004).
examined Cited as authority (rule) BEPCO, L.P. v. Santa Fe Minerals, Inc. (3×) also: Cited "see"
5th Cir. · 2012 · confidence medium
A. “Congress has severely circumscribed the power of federal appellate courts to review remand orders.” Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004).
cited Cited as authority (rule) Midsouth Bank, N.A. v. Alfred McZeal Sr.
5th Cir. · 2012 · confidence medium
Under 28 U.S.C. § 1447 (d), “Congress has severely circumscribed the power of federal appellate courts to review remand orders.” Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004).
cited Cited as authority (rule) Lighthouse MGA, L.L.C. v. First Premium Insurance Group, Inc.
5th Cir. · 2011 · confidence medium
Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004). 27 .
discussed Cited as authority (rule) First Premium Ins Group, Inc. v. Lighthouse Mga, L
5th Cir. · 2011 · confidence medium
In negotiating and perfecting the settlement . . ., the only fiduciary duty the McGlinchey defendants owed was to their client.”). 26 Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004). 27 Quackenbush v. Allstate Ins.
discussed Cited as authority (rule) Kathleen Ansley v. HealthMarkets, Inc., et (2×)
5th Cir. · 2011 · confidence medium
See, e.g., Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 , 116 S.Ct. 494 , 133 L.Ed.2d 461 (1995); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004).
discussed Cited as authority (rule) Meeks v. Swift Transportation, Inc. (2×)
5th Cir. · 2010 · confidence medium
First it relies on language in Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 283 (5th Cir.2004), that in turn relies on In re Excel Corp., 106 F.3d 1197 (5th Cir.1997).
discussed Cited as authority (rule) Brookshire Bros. Holding, Inc. v. Dayco Products
5th Cir. · 2009 · confidence medium
Jurisdiction to Review the Order of Remand Section 1447(d) states that “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise,” 28 U.S.C. § 1447 (d), but the Supreme Court has held *599 that this prohibition applies only when an order of remand is based on one of the grounds specified in section 1447(c): lack of subject matter jurisdiction or a defect in removal procedure, see Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004) (citing Quackenbush v. Allstate Ins.
discussed Cited as authority (rule) New Orleans & Gulf Coast Railway Co. v. Barrois
5th Cir. · 2008 · confidence medium
Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127-28 , 116 S.Ct. 494 , 133 L.Ed.2d 461 (1995); Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 283 (5th Cir.2004); see also Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 351 , 96 S.Ct. 584 , 46 L.Ed.2d 542 (1976) (“[T]o prevent delay in the trial of remanded cases by protracted litigation of jurisdictional issues, Congress immunized from all *328 forms of appellate review any remand order issued on the grounds specified in § 1447(c), whether or not that order might be deemed erroneous by an appellate court.” (citation omi…
discussed Cited as authority (rule) In Re: O'Connor
5th Cir. · 2006 · confidence medium
Co., 517 U.S. 706, 712 , 116 S. Ct. 1718 (1996); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir. 2004). 1 Without “related to” jurisdiction, there is no federal jurisdiction in this case, as the parties are nondiverse and the Goradias’ suit raised only state law tort claims. 4 However, the district court appears to have assumed the existence of § 1334(b) jurisdiction, and in abstaining from hearing the adversary proceeding, the court cited its authority under 28 U.S.C. § 1334 (c)(1).
cited Cited as authority (rule) Goradia v. O'Connor
5th Cir. · 2006 · confidence medium
Co., 517 U.S. 706, 712 , 116 S.Ct. 1718 , 135 L.Ed.2d 1 , - (1996); Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004).
discussed Cited as authority (rule) Ohio Ex Rel. Petro v. Bulgartabac Holding Group
6th Cir. · 2006 · confidence medium
See Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 128 , 116 S.Ct. 494 , 133 L.Ed.2d 461 (1995); Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 283 (5th Cir.2004); Phoenix Container, L.P. v. Sokoloff, 235 F.3d 352, 354 (7th Cir.2000).
discussed Cited "see" Howell v. SoFi Bank, N.A.
D.S.C. · 2025 · signal: see · confidence high
See Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004) (concluding that the district court was within its § 1447(c) authority when a plaintiff timely moved for remand but the court remanded for a reason not raised in the motion); Deweese v. Doran, No. 3:15-cv-32-J-32JRK, 2015 WL 5772156 , at *1 (M.D.
cited Cited "see" Molina v. American Access Casualty Company
W.D. Tex. · 2021 · signal: see · confidence high
See Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004).
cited Cited "see" MK Electric Man, L.L.C. v. Maillot
E.D. La. · 2020 · signal: see · confidence high
See Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 284 (5th Cir. 2004).
discussed Cited "see" Firefighters' Retirement System v. Citco Group Ltd. (2×) also: Cited "see, e.g."
5th Cir. · 2015 · signal: see · confidence high
See Schexnayder, 394 F.3d at 283 (the Fifth Circuit will review a case if based on a ground for remand not contemplated by remand statute); Wilson Indus., 886 F.2d at 95 (holding that an appellate court can review a district court’s decision to remand when that decision rests “upon a ground not authorized by statute”).
discussed Cited "see" Ashley Healthcare Plan v. Michael Dillard (2×)
Miss. · 2015 · signal: see · confidence high
See Schexnayder v. Entergy Louisiana, Inc., 394 F. 3d 280, 283 (5th Cir. 2004).
discussed Cited "see" Firefighters' Retirement System v. Citco Group Ltd. (2×) also: Cited "see, e.g."
5th Cir. · 2015 · signal: see · confidence high
See Schexnayder, 394 F.3d at 283 (the Fifth Circuit will review a case if based on a ground for remand not contemplated by remand statute); Wilson Indus., 886 F.2d at 95 (holding that an appellate court can review a district court’s decision to remand when that decision rests “upon a ground not authorized by statute”).
discussed Cited "see" Firefighters' Retirement System v. Citco Group Ltd. (2×) also: Cited "see, e.g."
5th Cir. · 2015 · signal: see · confidence high
See Schexnayder, 394 F.3d at 283 (the Fifth Circuit will review a case if based on a ground for remand not contemplated by remand statute); Wilson Indus., 886 F.2d at 95 (holding that an appellate court can review a district court’s decision to remand when that decision rests “upon a ground- not authorized by statute”).
cited Cited "see" Wallace v. Louisiana Citizens Property Insurance
5th Cir. · 2006 · signal: see · confidence high
See Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 283 (5th Cir.2004) (citing Quackenbush, 517 U.S. at 712 , 116 S.Ct. 1712 ).
discussed Cited "see, e.g." Biegon v. City of Dallas
N.D. Tex. · 2021 · signal: see also · confidence medium
And the Court may not remand an action to state court sua sponte “for purely procedural defects.” In re Allstate, 8 F.3d 219, 223 (5th Cir. 1993) (finding “no basis, in either the language of the amended statute or in policy, for conferring upon the district courts discretion sua sponte to remand for purely procedural defects”); see also Schexnayder v. Entergy La., Inc., 394 F.3d 280, 284 (5th Cir. 2004) (“[W]ithout a motion from a party, the district court’s remand order is not authorized by § 1447(c).
discussed Cited "see, e.g." Big Country Vein Relief, L.P. v. Directory Assistants, Inc.
5th Cir. · 2011 · signal: see also · confidence medium
See Things Remembered, Inc., 516 U.S. at 128 , 116 S.Ct. 494 (“There is also no dispute that the District Court remanded this case on grounds of untimely removal, precisely the type of removal defect contemplated by § 1447(c).”); see also Schexnayder v. Entergy La., Inc., 394 F.3d 280, 283 (5th Cir.2004) (stating that an untimely removal petition “constitutefs an] allowable § 1447(c) reason[ ] for remand”). 6 . -U.S.-, 129 S.Ct. 1862 , 173 L.Ed.2d 843 (2009). 7 .
discussed Cited "see, e.g." State of Texas v. Florance
5th Cir. · 2007 · signal: see also · confidence medium
Co., 8 F.3d 219, 221 (5th Cir.1993) (vacating district court’s sua sponte procedural-defect-based remand order); see also Schexnayder v. Entergy Louisiana, Inc., 394 F.3d 280, 284 (5th Cir.2004) (“[Without a motion from a party, [a] district court’s [proeedural-defect-based] remand order is not authorized by § 1447(c)”.).
Retrieving the full opinion text from the archive…
Arthur SCHEXNAYDER, Jr.; Alice Labat; Estate of Theodore Dreyfus Inc.; Lebeouf Real Estate, Plaintiffs-Appellees, Fear Farms, Inc., Intervenor Plaintiff-Appellee,
v.
ENTERGY LOUISIANA, INC.; Entergy Services Inc.; Entergy Technology Holding Company; Entergy Technology Company, Defendants-Appellants; Lebeouf Real Estate, Plaintiff-Appellee, Fear Farms Inc., Intervenor Plaintiff-Appellee, v. Entergy Louisiana Inc.; Entergy Services Inc.; Entergy Technology Holding Company; Entergy Technology Company, Defendants-Appellants
03-31138.
Court of Appeals for the Fifth Circuit.
Dec 13, 2004.
394 F.3d 280
Michael Ray Mangham (argued), Mang-ham & Fuqua, Lafayette, LA, Victor L. Marcello, Talbot, Carmouche & Marcello, Gonzales, LA, Brian Andrew Eddington, Baton Rouge, LA, for Schexnayder, Labat and Estate of Theodore Dreyfus Inc., Nathan J. Folse, Baton Rouge, LA, for Lebeouf Real Estate., David Earl James, Stevens, Baldo & Freeman, Beaumont, TX, for Fear Farms Inc., Ewell E. Eagan, Jr. (argued), Martin E. Landrieu, Wendy Hickok Robinson, Gordon, Arata, McCollam, Duplantis & Eagan, Marcus Van Brown, Entergy Corp., New Orleans, LA, Vincent J. Sotile, Jr., Dugas, LeBlanc & Sotile, Donaldsville, LA, for Defendants-Appellants.
Demoss, Dennis, Clement.
Cited by 53 opinions  |  Published
EDITH BROWN CLEMENT, Circuit Judge:

Energy services company appeals a district court’s remand of its consolidated case to state court. Although a remand order is typically unreviewable, the company argues that the district court acted outside of its authority by basing its order on reasons not given in the opposing party’s motion. Because we find no support either in the removal statute or our case law for the company’s argument, we reject it and dismiss the appeal for lack of jurisdiction.

I.

Entergy Services is a conglomeration of five affiliated operating companies (collectively “Entergy”) that own, operate and provide telecommunications services to customers in different parts of Louisiana, Arkansas, Mississippi and Texas. By the mid-1990s, Entergy began to upgrade its communications infrastructure with fiber optic cable lines. Arthur Schexnayder, Jr., Alice Labat, and the Estate of Theodore Dreyfus (collectively “Schexnayder”) claim to own land over which Entergy has installed these cables.

Schexnayder filed a class action against Entergy in Louisiana state court, alleging that Entergy, by installing fiber optic cables without Schexnayder’s permission, engaged in civil trespass and fraud. Almost six months later, Fear Farms, Inc. (“Fear Farms”), intervened in the Schexnayder action against Entergy, asserting, among other things, a claim under the federal RICO statute. 18 U.S.C. § 1961. Shortly thereafter, Entergy removed the cases to district court, basing federal jurisdiction on the newly-asserted federal claim. Schexnayder filed a motion to remand the case to state court, arguing first, that the removal jurisdiction could not be based on an intervenor’s claim, and second, that Fear Farms’s intervention followed deficient state procedure. In response, Enter-gy filed an amended motion to remove, basing jurisdiction on the argument that the district court would have to construe the Public Utility Holding Company Act in order to resolve Schexnayder’s claims.

The district court remanded the consolidated cases to state court. Entergy timely appeals.

[*283] II.

A.

Congress has severely circumscribed the power of federal appellate courts to review remand orders. Section 1447(d) states that “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” 28 U.S.C. § 1447(d). Despite the plain language of the statute and the clear directive it provides to federal appellate courts, the Supreme Court has created a limited class of cases that may be reviewed. The premise of this exception is that, for a remand to be unreviewable,.the district court must act within the authority granted to it by § 1447(c). Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996) (stating that because § 1447(d) “must be read in pari materia with § 1447(c) ... only remands based on grounds specified in § 1447(c) are immune from review under § 1447(d)”) (citing Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127, 116 S.Ct. 494, 133 L.Ed.2d 461 (1995)).

Specifically, this Court lacks jurisdiction under § 1447 if the district court based its remand order on either a lack of subject matter jurisdiction or a defect in removal procedure. Quackenbush, 517 U.S. at 712, 116 S.Ct. 1712; see also 28 U.S.C. § 1447(c). The break from its authority must be clear: “we will only review remand orders if the district court affirmatively states a non-1447(c) ground for remand.” Smith v. Tex. Children’s Hosp., 172 F.3d 923, 926 (5th Cir.1999) (quoting In re Merrimack Mut. Fire Ins. Co., 587 F.2d 642, 647 (5th Cir.1978)) (emphasis added and internal quotations omitted); see also Soley v. First Nat’l Bank of Commerce, 923 F.2d 406, 408 (5th Cir.1991).

Non-§ 1447(c) grounds for which a district court might remand a case include those remands made for purely discretionary reasons, Giles v. NYLCare Health Plans, 172 F.3d 332, 336 (5th Cir.1999), abstention-based remands, Quackenbush, 517 U.S. at 712, 116 S.Ct. 1712, remands based on § 1367, Smith, 172 F.3d at 926 n. 5, remands based on § 1445(c), In re Excel Corp., 106 F.3d 1197, 1200 (5th Cir.1997), and remands based on the district court’s discretionary powers under § 1441(c), Eastus v. Blue Bell Creameries, L.P., 97 F.3d 100, 103 (5th Cir.1996), among others,

Here, the district court based its remand decision on two factors. Principally, it ruled that Entergy’s removal petition was untimely based on § 1446(b). It also rejected Entergy’s argument that it could base the removal petition on Fear Farm’s intervening federal claim, which is to say that the district court did not have subject matter jurisdiction. These two grounds constitute allowable § 1447(c) reasons for remand. As a consequence, this Court lacks jurisdiction to review the district court’s order.

B.

Our inquiry would be at an end, except that Entergy contends that this Court has jurisdiction because a district court is not authorized under § 1447(c) to remand a case for reasons that are not listed in the.original motion for remand. While there is no such ruling in our case law, Entergy' argues that it flows from this Court’s holding in In re Allstate, that a district court is not authorized to remand a case, based on procedural defects, on a sua sponte motion. In re Allstate, 8 F.3d 219 (5th Cir.1993). Although Schexnayder did timely move the district court for remand, and thus the district court did not act on its own motion, Entergy contends that because the district court based its ruling on reasons 'not asserted in Schexnayder’s mo[*284] tion, the district court acted outside of its authority pursuant to § 1447(c). Such a remand order, Entergy argues, is logically indistinguishable from a sua sponte motion. Simply stated, Entergy argues that where, as here, a district court raises an issue on its own initiative, it acts outside of its § 1447(c) authority.

We find no grounds in the statutory language of § 1447(c) or (d), and Entergy asserts none, to support such a holding. Section 1447(c) states that “[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.” (emphasis added). By its own terms, § 1447(c) is limited to motions, not issues. Section 1447(c) also defines the prerequisites for filing a remand motion based on procedural defects. The first clause — “a motion to remand” — describes the vehicle that a plaintiff must use to request a remand. The second clause — “on the basis of any defect other than subject matter jurisdiction” — defines the motion vis-a-vis the 30-day deadline. Remand orders that do not meet these statutory requirements are made outside of the district court’s authority. Thus, without a motion from a party, the district court’s remand order is not authorized by § 1447(c). Allstate, 8 F.3d at 223. Similarly, a motion for remand based on procedural defects that is brought more than 30 days after the removal of the action, is outside of the district court’s power to grant. In re Medscope Marine Ltd., 972 F.2d 107, 108 (5th Cir.1992). There simply is no support in the statute for Entergy’s argument.

Furthermore, Entergy’s contention misapprehends the reasoning from Allstate. 1 In that case, the Court was “faced squarely” with the question of “whether § 1447(c)’s use of the word ‘motion’ refers exclusively to motions made by parties or includes sua sponte remands.” 8 F.3d at 222. In answering that question in the affirmative, the Allstate court noted that the word “[motion] implies that only a party to the case may initiate it.” Id. at 223. It was also persuaded by the dual-sentence structure of § 1447(c), which “consigns” the care of procedural defects to the parties and that of jurisdiction primarily to the district court. Id. The Court concluded: “Where a removed plaintiff, by its inaction, has acquiesced in federal jurisdiction ... it hardly will do for the court sua sponte to interfere with the parties’ apparent choice of forum.” Id. In sum, both the language of the statute and policy considerations compelled the conclusion that Congress intended for the parties to control the choice of forum and that a district court that usurps that deci-sionmaking role, with respect to procedural defects, acts outside of its authority. See Page v. City of Southfield, 45 F.3d 128, 134 (6th Cir.1995) (“A district court should not interfere with an agreed upon forum until the plaintiff, by motion, indicates an objection to the removal procedure.... ”); In re Cont’l Cas. Co., 29 F.3d 292, 294 (7th Cir.1994) (“Having found himself in federal[*285] court after removal, the plaintiff may want to stay there. A remand on the court’s own motion may deprive both sides of their preferred forum.”); see also Whole Health Chiropractic & Wellness, Inc. v. Humana Med. Plan, Inc., 254 F.3d 1317, 1321 (11th Cir.2001) (noting that, under Allstate, “a party’s motion is essential to remand a case based on [a] procedural defect”). As the Eleventh Circuit wrote in addressing this very issue, because “[t]he motion establishes that the moving party does not want to acquiesce in the federal forum,” then the concern “that a sua sponte remand might ‘deprive both sides of their preferred forum’ ... is baseless.” Velchez v. Carnival Corp., 331 F.3d 1207, 1210 (11th Cir.2003) (citing Whole Health, 254 F.3d at 1320). Here, the district court has not usurped its congressionally mandated role: by filing its motion for remand, Schexnayder explicitly refused to “acquiesce” to the choice of forum. [2]

Accepting Entergy’s argument would require appellate courts to compare a remand motion’s rationale with the reasons given, if any, of the remand order. It is difficult to discern where this review ends and a look at the merits of the order begins. The class of cases in which we may review a remand order is a narrow one, which is why we only recognize affirmative breaks from statutory authority. Allstate’s prohibition of sua sponte motions, like those against untimely filed motions, e.g., Medscope Marine, 972 F.2d at 108, abstention-based remands, Quackenbush, 517 U.S. at 712, 116 S.Ct. 1712, or discretionary remands, Giles, 172 F.3d at 336, recognizes a clear break from the authority given to the district court. Entergy’s contention is squarely inapposite to this consistent treatment of § 1447. So long as a procedurally-based motion for remand is timely filed, and the order is not affirmatively based on a non-§ 1447(c) ground, we will not review a district court’s remand order.

III.

Because Schexnayder timely moved the district court for remand, and because the district court granted that motion by relying on permissible § 1447(c) grounds, the court acted within its authority and we lack jurisdiction to review its decision. Accordingly, this appeal is DISMISSED.

1

. Entergy also argues that by not raising in their motion the particular arguments that the district court relied on in its remand order, Schexnayder waived them. In support, it cites Denman v. Snapper Division, 131 F.3d 546 (5th Cir.1998), where the appellate court ruled that the plaintiffs, by not raising an argument based on the non-diversity of the parties in their remand motion, had waived that particular claim. Denman involves a de~ nial of a motion for remand and is therefore inapposite. Only "an order remanding a case to the State court” is unreviewable under § 1447(d). 28 U.S.C. § 1447(d). Questions of waiver as those presented in Denman involve the merits of the remand order, the consideration of which we are barred from reviewing under § 1447(d) because the order for remand was granted in this case.

2

. To accept Entergy’s argument would not only be a tortured reading of Allstate’s reasoning, but of the definition of sua sponte — "on its own motion " — as well. Blacks Law Dictionary (8th ed.2004) (emphasis added); see also Velchez v. Carnival Corp., 331 F.3d 1207, 1210 (11th Cir.2003) ("Th[e] dictionary definition of sua sponte does not fit these circumstances, because the court was prompted by [the motion] to remand.”).