Matt O'DEA, Plaintiff-Appellee, v. BNSF RAILWAY COMPANY, Defendant-Appellant, and Montana Department of Labor and Industry; Montana Human Rights Commission, Defendants, 362 F. App'x 748

ORDER We lack jurisdiction over an appeal from a remand order entered due to a lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v. HIF Bio, Inc., — U.S. -, 129 S.Ct. 1862, 1865-66, 173 L.Ed.2d 843 (2009). Costs on appeal are awarded to Appellee. See Fed. R.App. P. 39. DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.