MSP RECOVERY CLAIMS SERIES LLC LLC MSPA LLC PMPI MAO MSO II LLC v. ALERE INC (2019)

United States Court of Appeals, Eleventh Circuit.

MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSPA Claims 1, LLC, a Florida limited liability, Series PMPI, a designated series of MAO-MSO Recovery II, LLC, Plaintiffs-Appellees, v. ALERE INC., Alere San Diego, Inc., Alere Home Monitoring, Inc., Defendants-Appellants.

No. 19-11059

Decided: November 01, 2019

Before TJOFLAT, WILLIAM PRYOR and GRANT, Circuit Judges.

Gino Moreno, Arlenys Perdomo, John H. Ruiz, MSP Recovery Law Firm, Coral Gables, FL, for Plaintiffs - Appellees Peter Winslow Homer, Gregory J. Trask, Homer Bonner Jacobs, PA, Miami, FL, for Defendants - Appellants

This appeal is DISMISSED for lack of jurisdiction. We lack jurisdiction to review an order of remand that is based on a lack of subject matter jurisdiction. See 28 U.S.C. §§ 1447(c) & (d). Alere, Inc., and its subsidiaries removed an amended complaint for a pure bill of discovery filed by MSP Recovery Claims, Series LLC, and its subsidiaries. The district court provided a colorable rationale for remand based on a lack of federal question jurisdiction, 28 U.S.C. § 1331, and a lack of diversity jurisdiction, id. § 1332. See Powerex Corp. v. Reliant Energy Serv., Inc., 551 U.S. 224, 234, 127 S.Ct. 2411, 168 L.Ed.2d 112 (2007). We lack jurisdiction to review the order of remand.

PER CURIAM:

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