Wells Fargo Bank, N.A. v. Janice Grenadier ( 2023 )

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-7172 September Term, 2023
1:22-cv-03433-DLF
Filed On: October 12, 2023
Wells Fargo Bank, N.A., as Trustee for
Option OneMortgage Loan Trust 2005-2,
Asset-Backed Certificates, Series 2005-2,
Appellee
v.
Janice Wolk Grenadier,
Appellant
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BEFORE: Wilkins, Katsas, and Walker, Circuit Judges
JUDGMENT
This appeal was considered on the record from the United States District Court
for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P.
34(a)(2); D.C. Cir. Rule 34(j). It is
ORDERED AND ADJUDGED that the district court’s November 17, 2022 order
remanding the case to state court be reversed and the case be remanded for further
proceedings. Because the district court’s remand order was not “based on a timely
raised defect in removal procedure or on a lack of subject matter jurisdiction,” this court
has jurisdiction to review the remand order. See Things Remembered, Inc. v. Petrarca,
516 U.S. 124, 127–28 (1995); see also 28 U.S.C. § 1447(c)–(d). For essentially the
same reason, we conclude that the district court’s remand order was premature. The
district court did not conclude that it lacked subject-matter jurisdiction over the case,
and its remand order was issued sua sponte rather than in response to a timely motion
asserting a procedural defect in removal. And we cannot determine based on the
limited record whether that error was harmless. Cf. Buchanan v. Manley, 145 F.3d 386,
388–89 (D.C. Cir. 1998) (per curiam). We express no opinion on venue, timeliness, or
any other arguments that appellee might raise on remand. We likewise express no
opinion on whether transfer, rather than remand, of the case is available or warranted
under the circumstances.
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 22-7172 September Term, 2023
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution
of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App.
P. 41(b); D.C. Cir. Rule 41.
Per Curiam
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