April 10, 2015 Practice Points

Ninth Circuit Rules in Jordan v. Nationstar Mortgage

A panel addressed the question whether the term "removable" refers to the first date on which any basis for removal is disclosed or the date a basis for CAFA removal is disclosed

by William J. Holley

On April 1, 2015, a Ninth Circuit panel addressed the question whether the term "removable" in 28 U.S.C. ยง 1446(b)(3) refers to the first date on which any basis for removal is disclosed or the date a basis for CAFA removal is disclosed. In Jordan v. Nationstar Mortgage LLC, Nos. 14-35943, 15-35113, 2015 WL 1447217 (9th Cir. Apr. 1, 2015), the panel, relying on the recent Supreme Court decision Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014), adopted the latter, much broader interpretation. Reversing the district court, the panel found that Nationstar's removal, which was filed within 30 days after receiving interrogatory responses identifying more than $5 million in damages, was timely for CAFA removal, despite that such removal occurred more than two years after the case was removable on federal question grounds.

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