Ellora's Cave Attempts to Remand to State Court
24 October 2014
Courtney Milan has the blog post and the exhibits.
Let’s put it this way: birther Orly Taitz is famous for her remand-back-to-state-court motions. Not someone to emulate.
This is an aspect of federal procedure I don’t know a lot about, but my understanding is that removal is automatic, and that remanding is for related courts (e.g., an appeals court can, and often does, remand a case back to a lower court). In this case, however, I’m not sure a federal court has the legal right to remand to state court.
As Courtney Milan posts:
What to expect next: DA/Jane will almost certainly file a memorandum opposing a remand. The court will decide if it wants to hold a hearing on this or simply decide on its own, and we should get a decision from the court. That decision will almost certainly seal off this thread once and for all, and we can move on to the many, many other issues.uu
One Note on the Answer
Courtney is waiting for Jane Litte’s answer before posting commentary on both answers. She says (in the post linked above):
The reason I have not done this yet is that the answer is from Dear Author alone, and not from Jane in her personal capacity. Some things Jane will say in her answer will be duplicative. Some things she says will, I suspect, not be (which is why they didn’t file together).
I think part of the reason to file the answers separately is to make clear that Dear Author, LLC and Jane Litte are legally separate entities.