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Quenton Shelby v. Oak River Insurance Company
Case Number: 18-2115
Judge: Per Curiam
Court: United States Court of Appeals for the Eighth Circuit on appeal from the Western District of Missouri (Jackson County)
This action was originally brought in state court by Missouri resident Quenton
Shelby, who sought to recover from Oak River Insurance Company (Oak River) on
a judgment entered in a prior class action that Shelby had brought against a business
insured by Oak River. Oak River removed the state-court action to federal court,
under the Class Action Fairness Act, see 28 U.S.C. ß 1332(d). Shelby then moved to
remand the case back to state court, arguing that the removal was untimely. The
district court1 denied his motion to remand, and thereafter, granted summary judgment
in favor of Oak River. Shelby now appeals the denial of his motion to remand and the
adverse grant of summary judgment.
To begin, we decline to decide whether the district court erred in denying
Shelbyís motion to remand. Cf. Quintero Cmty. Assín Inc. v. F.D.I.C., 792 F.3d
1002, 1007-08 (8th Cir. 2015) (declining to decide whether district court erred in
denying motion to remand based on timeliness of removal because any such error
would not be reversible, as case had proceeded to summary judgment and timeliness
of removal is non-jurisdictional, procedural defect). Furthermore, upon careful
de novo review of the district courtís summary judgment decision, we agree with the
courtís reasoning and conclusion. See Sims v. State Farm Mut. Auto. Ins. Co., 894
F.3d 941, 944 (8th Cir. 2018) (grant of summary judgment is reviewed de novo).
Outcome: We therefore affirm. See 8th Cir. R. 47B.