Gonzalez v. El Centro Del Barrio
Split Score
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Case Summary
Disposition
Affirmed
The Fifth Circuit affirmed a district court order remanding a data-breach class action to state court. It held that defendant CentroMed could not remove the case under either 42 U.S.C. § 233—because the Attorney General timely appeared and issued a negative deeming determination—or under 28 U.S.C. § 1442, because the removal was untimely.
Circuit Split Identified
Legal Issue
Whether, under 42 U.S.C. § 233(l)(1), the Attorney General must provide the substantive case-specific deeming determination within 15 days of notice, or whether a timely appearance stating that the determination is still pending suffices.
Circuit Positions
Appearance within 15 days is sufficient even if the case-specific deeming determination is still pending.
The Attorney General must provide the substantive deeming determination within the 15-day period.
Acknowledges split but finds issue moot because Attorney General supplied the determination within 15 days; takes no definitive side.
Conflict Summary
The Eleventh and Third Circuits hold that the Attorney General complies with § 233(l)(1) by merely appearing within 15 days and advising that the case-specific deeming decision has not yet been made, whereas the Ninth Circuit requires the Attorney General to provide the actual deeming determination within the same 15-day window. The Fifth Circuit acknowledges the split, finding the Attorney General satisfied either approach and therefore does not decide which interpretation is correct.