S.Amdt. 12Senate109th Congress (2005-2007)

To establish time limits for action by Federal district courts on motions to remand cases that have been removed to Federal court.

Submitted February 9, 2005

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Senate amendment not agreed to: Amendment SA 12 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 8.

February 10, 2005

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Senate amendment not agreed to: Amendment SA 12 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 8.

February 10, 2005

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Roll call votes on amendments in Senate: Amendment SA 12 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 8.

February 10, 2005

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Considered by Senate. (consideration: CR S1225, S1231-1232)

February 10, 2005

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Amendment SA 12 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 8.

February 10, 2005

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Senate amendment submitted

February 9, 2005

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Senate amendment proposed (on the floor): Amendment SA 12 proposed by Senator Feingold.

February 9, 2005

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Amendment SA 12 proposed by Senator Feingold. (consideration: CR S1184; text: CR S1184) To establish time limits for action by Federal district courts on motions to remand cases that have been removed to Federal court.

February 9, 2005

Text

Submitted

SA 12. Mr. FEINGOLD proposed an amendment to the bill S. 5, to amend
the procedures that apply to consideration of interstate class actions
to assure fairer outcomes for class members and defendants, and for
other purposes; as follows:

On page 22, strike line 22 and all that follows through
page 23, line 4, and insert the following:
``(1) In general.--Section 1447 shall apply to any removal
of a case under this section, except that--
``(A) not later than 60 days after the date on which a
motion to remand is made, the district court shall--
``(i) complete all action on the motion; or
``(ii) issue an order explaining the court's reasons for
not ruling on the motion within the 60 day period;
``(B) not later than 180 days after the date on which a
motion to remand is made, the

[[Page S1217]]

district court shall complete all action on the motion unless
all parties to the proceeding agree to an extension; and
``(C) notwithstanding section 1447(d), a court of appeals
may accept an appeal from an order of a district court
granting or denying a motion to remand a class action to the
State court from which it was removed if application is made
to the court of appeals not less than 7 days after entry of
the order.

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