Opinion
Civil Action No. 08-cv-01672-ZLW.
October 8, 2008
ORDER
The matter before the Court is Plaintiff's Motion For Fees And Costs Pursuant To 28 U.S.C § 1447(c) (Doc. No. 12). On August 11, 2008, the Court remanded this action to the District Court, City and County of Denver, Colorado, pursuant to 28 U.S.C. § 1447(c). The Court granted leave to Defendants to file a motion requesting attorney fees and costs for the improper removal.
"An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." 28 U.S.C. § 1447(c).
Plaintiff requests $1,453.25 in attorney fees. Defendants object on the grounds that they had an objectively reasonable basis to believe that all of Plaintiff's members were Colorado citizens and, therefore, complete diversity existed.
"Absent unusual circumstances, courts may award attorney's fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely,when an objectively reasonable basis exists, fees should be denied." The Court finds that Defendants' efforts to determine the citizenship of Plaintiff's members was sufficient under the circumstances and that Defendants had an objectively reasonable basis for seeking removal. Therefore, it is
Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005) (emphasis added). The "unusual circumstances" described in Martin do not apply to the present case. See id.
ORDERED that Plaintiff's Motion For Fees And Costs Pursuant To 28 U.S.C § 1447(c) (Doc. No. 12; Aug. 26, 2008) is denied.