Case Information
*1 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Everett McKinley Dirksen Office of the Clerk United States Courthouse Phone: (312) 435-5850 Room 2722 - 219 S. Dearborn Street www.ca7.uscourts.gov Chicago, Illinois 60604 ORDER May 19, 2025 JANE F. GIRARD, Plaintiff - Appellee and KENTON GIRARD,
No. 25-1854 Defendant - Appellee v. MARISSA GIRARD, Defendant - Appellant
Originating Case Information: District Court No: 1:25-cv-04586 Northern District of Illinois, Eastern Division District Judge Jeremy C. Daniel
A preliminary review of the short record suggests that the order appealed from may not be an appealable decision. This court has consistently reminded litigants that an order remanding a case to state court based on a lack of subject matter jurisdiction or a defect in the removal procedure is not reviewable on appeal, regardless of whether the decision is correct, except when the case was removed under 28 U.S.C. §§ 1442 or 1443. See 28 U.S.C. § 1447(d); e.g. , The Northern League, Inc. v. Gidney , 558 F.3d 614, 614 (7th Cir. 2009); Phoenix Container, L.P. v. Sokoloff , 235 F.3d 352, 354–55 (7th Cir. 2000). In the present case, appellant seeks to appeal the district court’s order remanding this case to state court for lack of federal jurisdiction. 28 U.S.C. § 1447(c). Because this case was not removed under § 1442 or § 1443, there appears to be no basis to seek appellate review of this determination. Accordingly, IT IS ORDERED that appellant shall file, on or before June 2, 2025, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. Briefing is SUSPENDED pending further court order.