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PRESTON v. TENET HEALTHSYSTEM MEMORIAL MED. CENTER

Nos. 07-30132, 07-30160. Summary Calendar.

485 F.3d 793 (2007)

Elmira PRESTON; Howard Preston; Rose Lefrance Preston; Sheryl Preston; Deborah Mazie; et al., Plaintiffs-Appellees, v. TENET HEALTHSYSTEM MEMORIAL MEDICAL CENTER, INC., doing business as Memorial Medical Center, Defendant-Appellee, v. LifeCare Hospital of New Orleans LLC, doing business as LifeCare Hospital; LifeCare Management Services, L.L.C., Defendants-Appellants. Cheryl Weems, Individually and on behalf of her deceased mother, Veola Mosby, and on behalf of all others similarly situated, Plaintiff-Appellee, v. Touro Infirmary, Defendant-Appellee, SHONO, Inc., doing business as Specialty Hospital of New Orleans, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 2007.

Attorney(s) appearing for the Case

Val Patrick Exnicios, Tammie E. Holley, Roderick Alvendia, New Orleans, LA, Lisa M. Africk, Law Office of Salvador Anzelmo, Mark Philip Glago, Glago Law Firm, Anthony D. Irpinio, Irpino Law Firm, New Orleans, LA, Rebecca Maria Urrutia, Metairie, LA, for Cheryl Weems.

Franklin D. Beahm, Jacob Kenneth Best, Beahm & Green, New Orleans, LA, for Touro Infirmary.

Nicole M. Duarte, Charles W. Bradley, Jr., Michael Stephen Sepcich, Lemle & Kelleher, New Orleans, LA, for SHONO, Inc.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Cheryl Weems and Touro Infirmary ("Touro") moved to remand this class action lawsuit to state court under the "local controversy" exception of the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. § 1332(d). The district court granted their motion to remand, and SHONO, Inc. d/b/a Specialty Hospital of New Orleans ("SHONO") timely appealed the order. We reverse the district court's judgment.

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