Slaughter v. Weiner's Stores Inc

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40706
Summary Calendar
SELENA M. SLAUGHTER,
Plaintiff-Appellant,
VERSUS
WEINER’S STORES, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-3
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May 31, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Selena M. Slaughter and Weiner’s Stores, Inc. (“Weiner’s”)
challenge the district court’s sua sponte decision to remand the
instant case to the state court where it was originally filed. The
parties argue that remand was error and that this court has
jurisdiction to review the district court’s remand order.
The district court’s final order specifies that remand was
done pursuant to 28 U.S.C. § 1441(c); consequently, this court has
jurisdiction to review the remand order. See Metro Ford Truck
Sales, Inc. v. Ford Motor Co., 145 F.3d 320, 326 n.19 (5th Cir.

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No. 99-40706
-2-
1998), cert. denied, 119 S. Ct. 798 (1999); Eastus v. Blue Bell
Creameries, L.P., 97 F.3d 100, 103-04 (5th Cir. 1996)p; 28 U.S.C.
§§ 1441(c), 1447(c) and (d). The district court’s remand order is
reviewed for an abuse of discretion. Metro Ford, 145 F.3d at 326.
A review of the record indicates that the district court
abused its discretion in remanding the entire case. Slaughter’s
federal claims should not have been remanded. See Burks v. Amerada
Hess Corp., 8 F.3d 301, 304 (5th Cir. 1993), abrogated on other
grounds by Giles v. NYLCare Health Plans, Inc., 172 F.3d 332, 337-
38 (5th Cir. 1999). Her state-law claims similarly should not have
been remanded since they were not “separate and independent” of the
federal claims. See § 1441(c); Eastus, 97 F.3d at 105.
Accordingly, the district court’s remand order is VACATED and the
case is REMANDED for further proceedings.
VACATED AND REMANDED.

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