Hi and welcome,
Let me see if there is a specific rule in the FRCP that covers this
I have reviewed Rule 9027 of the Federal Rules of Civil Procedure which govern removal. There are no statutes that refer to your unique situation.
You can make a motion and handle it delicately. Judges get motions all the time that challenge what they have done. Don't say "the case doesn't belong in your court"
The motion should generally contain
1. A recitation of the existence of the original federal case
2. The subsequent removal of the state case to the court.
3. The consolidation of the two cases by the court.
4. The fact that there is an outstanding remand decision pending regarding the removal of the state case.
and then say:
Prior to finalizing the consolidation of both cases, I respectfully XXXXX XXXXX Honorable Court:
1. To decide the Motion to Remand the state case before these cases proceed.; and
2. To issue an order staying all proceedings before this Court until the Motion to Remand is decided.
Please press 3 or 4 or 5 below so that I may get credit for assisting you. have intended. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not If you want further information or clarification, just ask before you give a ratingI ask you to be fair in your rating. For instance, in these actual examples , the expert should not have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know. b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T". c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).