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Williams v. Beemiller

Magistrate judge's authority to hear and determine pretrial matters under Federal Magistrates Act does not include power to decide motion to remand case to state court; instead, remand order is equivalent of final decision or dispositive motion that must ultimately be made by district court (considering issue as one of first impression in circuit).

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Argued: April 30, 2008

Before STRAUB and RAGGI, Circuit Judges, and STEIN, District Judge.*fn1

Defendants-Appellants Beemiller, Inc., doing business as Hi-Point Firearms (“Beemiller”), Charles Brown (“Brown”), MKS Supply, Inc. (“MKS”), and International GunA-Rama (“Gun-A-Rama”), appeal from an order of the United States District Court for the Western District of New York (William M. Skretny, Judge), entered September 26, 2006, denying Defendants-Appellants’ objections to the June 29, 2006 order by Magistrate Judge Leslie G. Foschio granting plaintiffs’ motion to remand the case to New York State Supreme Court. This appeal raises the issues of whether we have jurisdiction to review a magistrate judge’s order remanding a case to state court and whether a magistrate judge’s authority to hear and determine pretrial matters under the Federal Magistrates Act includes the power to decide a motion to remand a case to state court. See 28 U.S.C. § 636(b)(1)(A); see also Fed. R. Civ. P. 72(a) & Advisory Committee Notes, 1983 Addition (noting that Rule 72(a) addressing district court-ordered referrals of non-dispositive matters under § 636(b)(1)(A)). For the reasons set forth below, we conclude that it does not. Accordingly, we vacate the District Court’s order and remand the case to the District Court for proceedings consistent with this opinion.

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