Marquez v. D.N.S. & Associates, Inc.

2017 WL 4479365, __ F.Supp.3d __ (S.D. Ala. June 27, 2017) (Katherine P. Nelson, U.S. Magistrate Judge), affm'd 2017 WL 4477297, __ F.Supp.3d __ (S.D. Ala. Oct. 5, 2017) (Callie V.S.Granade, Senior U.S. District Judge). United States Magistrate Katherine P. Nelson enters Report and Recommendation, subsequently adopted as the Opinion of the court by Senior United States District Judge Callie V.S. Granade, remanding this class action case to the Circuit Court of Mobile County, Alabama, which alleges that Oasis Financial, LLC, enters purchase agreements with Alabama Workers' Compensation claimants whereby it advances sums of money to injured workers in exchange for the right to receive an amount determined by a formula from the proceeds that the customers received as a result of their workers' compensation claims in violation of Ala. Code §§ 25-5-231 and 25-5-86(2). The district court found that 28 U.S.C. § 1445(c) rendered this case non-removable despite a claim of federal subject matter jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2).