Holland v. Grandy et al
Filing
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ORDER GRANTING 7 plaintiff's motion to remand and ordering that defendants shall pay plaintiff $3,276 in attorney's fees and costs. DENYING 4 defendants' motion to dismiss as moot. REMANDING this case to the Superior Court of Arizona in Navajo County. Signed by Judge Frederick J Martone on 7/12/11. (Attachments: # 1 Remand Letter)(DMT)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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James E. Holland, Jr.,
Plaintiff,
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vs.
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Dwight Grandy, et al.,
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Defendants.
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No. CV-11-8079-PCT-FJM
ORDER
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Before the court is defendants’ motion to dismiss for lack of jurisdiction (doc. 4),
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plaintiff’s response (doc. 8), and defendants’ reply (doc. 9). We also have before us
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plaintiff’s motion to remand (doc. 7), defendants’ response (doc. 10), and plaintiff’s reply
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(doc. 13).
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This action was filed in state court as a tax lien foreclosure of property located in
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Navajo County, Arizona (the “Property”). Plaintiff purchased Certificates of Purchase and
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subsequently filed this action to foreclose any right of redemption as to the Property pursuant
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to A.R.S. § 42-18201. Defendants removed the action, asserting that a federal question is
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presented because, on February 2, 1848, the Property was transferred to the United States by
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the Treaty of Guadalupe Hidalgo, and is therefore forever exempt from state jurisdiction and
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taxation.
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“Federal jurisdiction exists only when a federal question is presented on the face of
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a properly pleaded complaint.” U.S. v. City of Arcata, 629 F.3d 986, 990 (9th Cir. 2010).
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A federal law defense to a state law claim does not confer jurisdiction on a federal court.
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Franchise Tax Bd. v. Constr. Laborers Vacation Trust, 463 U.S. 1, 14, 103 S. Ct. 2841, 2848
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(1983). Here, defendants spurious defenses related to the Treaty of Guadalupe Hidalgo do
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not present a federal question to support federal question jurisdiction.
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Defendants also claim diversity jurisdiction, although there is no evidence that the
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amount in controversy exceeds the $75,000 jurisdictional minimum. See 28 U.S.C. §
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1332(a). Indeed, plaintiff submits evidence showing that the assessed value of the property
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in question is only $21,133. Plaintiff’s Motion, ex. 1. We conclude that there is no
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reasonable basis upon which to remove this action, and therefore grant plaintiff’s motion to
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remand (doc. 7).
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Plaintiff is entitled to his just costs and actual expenses, including attorney’s fees,
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incurred as a result of the improper removal. 28 U.S.C. § 1447(c). Plaintiff’s counsel asserts
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that he expended 16.8 hours related to the removal, at a rate of $195.00 per hour. We find
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the number of hours and rate to be reasonable and, pursuant to 28 U.S.C. § 1447(c), we
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award plaintiff $3,276 in attorney’s fees and costs.
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IT IS ORDERED GRANTING plaintiff’s motion to remand (doc. 7) and ordering
that defendants shall pay plaintiff $3,276 in attorney’s fees and costs.
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IT IS ORDERED DENYING defendants’ motion to dismiss as moot (doc. 4).
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IT IS FURTHER ORDERED REMANDING this case to the Superior Court of
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Arizona in Navajo County.
DATED this 12th day of July, 2011.
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