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Click here for the full text of this decision FACTS:Several class action cases were filed in state court against Dean Morris and others. Under the Class Action Fairness Act, the claims were removed to federal district court. The district court then issued an order for remand. CAFA states in �1453(2) that if an appeals court accepts an appeal of a motion to remand, the appeals court “shall complete all action on such appeal, including rendering judgment, not later than 60 days after the date on which such appeal was filed,” absent an extension. On Feb. 3, some of the defendants filed a petition with this court for permission to appeal the remand order. This court granted leave to appeal on March 6. The next day, the clerk issued an expedited briefing schedule. The defendants filed a motion for an extension stating, “It is possible that some may assert that the 60-day period will expire prior to the expiration of the current briefing schedule; therefore, appellants seek an emergency order clarifying the time of the”filing’ of the appeal and granting an extension of time as allowed by [CAFA].” The plaintiffs have refused to agree to an extension. HOLDING:Appellants’ motion for clarification, accordingly, is granted. The motions to extend for 10 days the time to file appellants’ briefs are denied. The motion to extend all deadlines, including the final date for rendering judgment, is denied. The court finds that it must rule first on when the 60-day time period begins to run. The plain language of the statute gives an appeals court the option under CAFA to accept an appeal of an order of remand. The court points out that this makes an appeal on this point within the court’s discretion. By this easy reading, a requested appeal under CAFA is subject to Federal Rule of Appellate Procedure 5, which governs appeals by permission. The court points out that Rule 5 says a notice of appeal need not be filed, and that the date when the order granting permission to appeal is entered serves as the date of the notice of appeal for calculating time periods under the rest of the appellate rules. “This subsection leads us to the conclusion that it is the order granting leave to appeal that triggers the sixty-day period for a court of appeals to enter judgment.” The court notes that its conclusion is in line with Amalgamated Transit Union Local 1309, AFL-CIO v. Laidlaw Transit Servs. Inc., 435 F.3d 1140 (9th Cir. 2006). And the court disputes the dissent’s notion that such a ruling will invite abuse of the process by courts of appeals who “sit” on a motion for appeal without ever ruling, “content in the knowledge that after sixty days, the appeal will disappear by operation of law, and the court will never have to consider the merits.” The court says it is important to trust the integrity of the courts of appeals to act properly. The court also says it is not unreasonable to think that Congress intended to give the court at least 60 days in which to ensure a thorough review of the merits. OPINION:Smith, J.; Smith, Garza and Prado, JJ. DISSENT:Garza, Circuit Judge. “The statutory language, the congressional record, and the conclusion that Congress did not intend to impose a statutory timetable that could be easily circumvented, all demonstrate that the sixty-day period should begin to run on the date the petition for permission to appeal is filed, not on the date that petition is granted. Accordingly, I respectfully dissent.”

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