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EMINENCE INVESTORS v. BANK OF NEW YORK MELLON

No. 15-15237.

782 F.3d 504 (2015)

EMINENCE INVESTORS, L.L.L.P., an Arkansas Limited Liability Limited Partnership, Individually, and on behalf of all others similarly situated, Plaintiff-Appellee, v. BANK OF NEW YORK MELLON, a New York Banking Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2015.

Attorney(s) appearing for the Case

David J. Bird (argued), James C. Martin , Eric A. Schaffer , and Benjamin J. Sitter , Reed Smith LLP, Pittsburgh, PA; Donald H. Glasrud , Dietrich, Glasrud, Mallek & Aune, Fresno, CA, for Defendant-Appellant.

Robert Branch (argued), Thornton Law Group, P.C., Fresno, CA; Douglas V. Thornton , Rummonds Thornton, LLP, Fresno, CA, for Plaintiff-Appellee.

Before: J. CLIFFORD WALLACE, MILAN D. SMITH, JR., and PAUL J. WATFORD, Circuit Judges.

OPINION

Defendant-Appellant The Bank of New York Mellon (Bank) appeals from the district court order remanding this case to state court after the Bank removed the case pursuant to the Class Action Fairness Act (CAFA) removal provision in 28 U.S.C. § 1453(b). Because we conclude that the CAFA securities...

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