Opinion
Civil Action No. 10-cv-00327-MSK-KMT.
April 21, 2010
ORDER GRANTING MOTION TO REMAND
THIS MATTER comes before the Court on the Plaintiff's Motion to Remand and For Award of Just Costs and Expenses (Motion) (#8) filed February 24, 2010. Having reviewed the Motion,
IT IS ORDERED that the Motion is GRANTED. The issue of the Court's jurisdiction was previously, conclusively determined by Judge Arguello's Order Remanding Case (Remand Order) at Docket #8 in 10-cv-00259-CMA. The Remand Order found that the original Notice of Removal was untimely; such order is not subject to collateral attack by the filing of another notice of removal. Although the Defendant generally opposes the request for fees, it offers no case law or argument in support of its opposition and no objection as to the reasonableness of the amount of the fee request. Accordingly, the Motion is GRANTED and reasonable fees in the amount of $6,615.00 are awarded to the Plaintiff, to be paid within 20 days, failing which judgement shall enter in favor of the Plaintiff and against the Defendant in such amount.