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CYNTHIA BROWN; CARLOS BUFORD; JENNY SUE ROWE,
Plaintiffs-Appellants,
v.
DAVID YOST, in his official capacity as Ohio Attorney
General,
Defendant-Appellee. |
No. 24-3354 |
On Petition for Rehearing En Banc
United States District Court for the Southern District of Ohio at Columbus.
No. 2:24-cv-01401—James L. Graham, District Judge.
Decided and Filed: June 17, 2024
Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN,
KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN,
READLER, MURPHY, DAVIS, MATHIS, and BLOOMEKATZ, Circuit Judges.
_________________________
ORDER
_________________________
A majority of the Judges of this Court in regular active service has voted for rehearing en
banc of this case. Sixth Circuit Rule 35(b) provides as follows:
A decision to grant rehearing en banc vacates the previous opinion and judgment
of the court, stays the mandate, and restores the case on the docket as a pending
appeal.
Accordingly, it is ORDERED that the previous decision and judgment of this court are
vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal. It is
further ORDERED that the pending Motion to Compel Defendant-Appellee to Comply with the
Court’s Order (Dkt. 35) and Motion to Stay Judgment and Issuance of the Mandate (Dkt. 36) are
denied as moot. |
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DANA NESSEL, Attorney General of the State of
Michigan, on behalf of the people of the State of
Michigan,
Plaintiff-Appellant,
v.
ENBRIDGE ENERGY, LP; ENBRIDGE ENERGY COMPANY,
INC.; ENBRIDGE ENERGY PARTNERS, L.P.,
Defendants-Appellees. |
No. 23-1671 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:21-cv-01057—Janet T. Neff, District Judge.
Argued: March 21, 2024
Decided and Filed: June 17, 2024
Before: GRIFFIN, THAPAR, and NALBANDIAN, Circuit Judges.
_________________________
OPINION
_________________________
Michigan Attorney General Dana Nessel seeks to shut down Enbridge’s Line 5 Pipeline,
which runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper
Peninsulas. The merits of this litigation are not before us. Instead, we consider only which court
should decide this case: does it belong in Michigan state court (where the Attorney General filed
it in 2019) or in federal court (to where Enbridge removed it over two years later)? We hold that
Enbridge failed to timely remove this case to federal court under 28 U.S.C. § 1446(b), and there
are no equitable exceptions to the statute’s deadlines for removal. Thus, under these
circumstances, this case belongs in Michigan state court. Because the district court held to the
contrary, we reverse the district court and direct it to remand this case to Michigan’s 30th Circuit
Court for the County of Ingham. |
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