Opinion
Civil Case No. 07-1401-KI.
November 20, 2007
Thomas C. Sand, Michelle E. Barton, Miller Nash LLP, Portland, Oregon, Shawn N. Menashe, Gevurtz Menashe Larson Howe P.C., Portland, Oregon, Attorneys for Plaintiff.
David C. Gearing, Gearing, Rackner Engel, LLP, Portland, Oregon, Peter R. Afrasiabi Turner Green Afrasiabi Arledge LLP Costa Mesa, California Attorneys for Defendant.
ORDER
I previously remanded this action to state court after a round of briefing on federal jurisdiction. Plaintiff now seeks $13,160.25 in attorney fees. I have discretion to award attorney fees under 28 U.S.C. § 1447(c) and Moore v. Permanente Medical Group, 981 F.2d 443, 445 (9th Cir. 1992) (district court retains jurisdiction to award attorney fees sought in motion filed under § 1447(c) after remand order entered), but decline to do so.
An order of remand may require payment of just costs and actual expenses, including attorney fees, incurred as a result of the removal. 28 U.S.C. § 1447(c). "[A]bsent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal." Martin v. Franklin Capital Corp., ___ U.S. ___, 126 S. Ct. 704, 708 (2005).
Defendant attempted to distinguish Thompson v. Thompson, 484 U.S. 174, 108 S. Ct. 513 (1988), by arguing a narrow interpretation of its holding. Although I was not persuaded, defendant had an objectively reasonable basis for removal. I decline to award plaintiff attorney fees incurred to fight the removal.
Accordingly, Plaintiff's Motion for Entry of Award of Attorney Fees (#15) is denied.
IT IS SO ORDERED.