Opinion
Civil Action No. 3:05cv749-MHT (WO).
March 14, 2006
James Poole Charles Lance Gould, Beasley Allen Crown Methvin Portis Miles PC, Montgomery, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Jere L. Beasley, Beasley Allen Crow Methvin Portis Miles PC, Montgomery, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Thomas J. Methvin, Beasley Allen Crown Methvin Portis Miles PC, Montgomery, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED. Defendant American International Group, Inc., Jeffrey M. Grantham, Maynard, Cooper Gale, P.C., Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
John Thomas Aquina Malatesta, III, Maynard Cooper Gale, PC, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Thomas Julian Butler, Maynard, Cooper Gale, P.C., Birmingham, AL, ATTORNEY TO BE NOTICED, Defendant American General Corporation, Jeffrey M. Grantham, Maynard, Cooper Gale, P.C., Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
John Thomas Aquina Malatesta, III, Maynard, Cooper Gale, P.C., Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Thomas Julian Butler, Maynard, Cooper Gale, P.C., Birmingham, AL, ATTORNEY TO BE NOTICED, Defendant American General Finance, Inc., David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Elizabeth Bosquet Shirley, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Merit Life Insurance Company, David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Elizabeth Bosquet Shirley, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED, Defendant Yosemite Insurance Company, David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Elizabeth Bosquet Shirley, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED, Defendant Kathie Rowell, David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED, Defendant Lamar Harris, David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED. Defendant Lisa Short, David Alan Elliott, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Matthew Thomas Mitchell, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
Robert Howard Rutherford, Burr Forman LLP, Birmingham, AL, LEAD ATTORNEY ATTORNEY TO BE NOTICED.
ORDER
It is ORDERED that defendants' motion to alter or amend (Doc. No. 36) is denied.
First, the court remains convinced that its remand decision, based on the `common-defense rule,' was right. See Poole v. American International Group, Inc., ___ F.Supp.2nd ___, ___, 2006 WL 335899 **3-4 (M.D. Ala. 2006) (Thompson, J.). Second, the court is not convinced there is no possibility of establishing a claim against the non-diverse defendants. See Cope v. American International Group, Inc., 2006 WL 317238 (M.D. Ala. 2006) (Albritton, J.); Smith v. American International Group, Inc., 2006 WL 319180 (M.D. Ala. 2006) (Fuller, C.J.). And, third, this court is without authority to reconsider its remand order. See In re Loudermilch, 158 F.3d 1143 (11th Cir. 1998) (district court was without jurisdiction to reconsider its remand order even if that order was erroneous); Harris v. Blue Cross/Blue Shield of Alabama, Inc., 951 F.2d 325, 330 (11th Cir. 1992) ("[T]here is no reason for a district court being able to review its own decision, and revoke the remand, than for an appellate court requiring it to do so. Both are foreclosed; nothing can be more inclusive than the phrase `on appeal or otherwise' [in 28 U.S.C. § 1447(d)]. The district court has one shot, right or wrong.") (emphasis added) (quoting In re La Providencia Development Corporation, 406 F.2d 251, 252-253 (1st Cir. 1969) (citations omitted)).