Commercial Litigation and Arbitration

Federal Jurisdiction — Is a Motion to Remand Case Dispositive or Does a Magistrate Judge Have Authority to Rule on It? — Circuit Split

Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016):

 In light of a split among court decisions as to whether motions to remand are case-dispositive--and the resulting disagreement over the authority of a magistrate judge to rule on those motions--this opinion is filed as a report and recommendation. Compare Schrempp v. Rocky Mountain Holding Co., No. 4:06CV3197, 2007 U.S. Dist. LEXIS 11010, 2007 WL 570406, at *3 n.1 (D. Neb. Feb. 14, 2007) (in light of split of authority, magistrate judge entered report and recommendation), with Banbury v. Omnitrition Int'l, Inc., 818 F. Supp. 276, 279 (D. Minn. 1993) (motion to remand to state court is non-case-dispositive [*2]  and may be referred to magistrate judge under 28 U.S.C. § 636(b)(1)(A)).

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