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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.
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