Chavez v. America's Wholesale Lender et al

Filing 22

ORDER by Judge Samuel Conti granting 10 Motion to Remand (sclc1, COURT STAFF) (Filed on 9/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CUDBERTO CHAVEZ,
Plaintiff,

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For the Northern District of California

United States District Court

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v.
AMERICA'S WHOLESALE LENDER, et
al.,
Defendants.

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Case No. 11-2071 SC
ORDER REMANDING ACTION TO
SAN MATEO COUNTY SUPERIOR
COURT

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Plaintiff has moved to remand this action to the Superior

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Court of California for San Mateo County.

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Defendants initially opposed the Motion, ECF No. 14 ("Opposition"),

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but later withdrew their opposition, ECF No. 21.

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have consented to remand and good cause has been shown, the Court

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hereby GRANTS Plaintiff's Motion to Remand.

ECF No. 10 ("Mot.").

As Defendants

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Plaintiff has also sought the award of attorneys' fees and

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costs in conjunction with the preparation of the Motion pursuant to

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28 U.S.C. § 1447.

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"[a]n order remanding the case may require payment of just costs

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and any actual expenses, including attorney fees, incurred as a

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result of the removal."

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circumstances, courts may award attorney's fees under § 1447(c)

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only where the removing party lacked an objectively reasonable

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The statute provides, in relevant part, that

28 U.S.C. § 1447(c).

"Absent unusual

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ba
asis for seeking removal."

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U.S. 132, 141 (200
05).

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ap
ppearing in Defen
ndants' O
Oppositio
on, thoug withdr
gh
rawn, are not
e

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ob
bjectivel unreas
ly
sonable.

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is therefo
ore denie
ed.

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Marti v. Fra
in
anklin Ca
apital Co
orp., 546
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Her
re, the C
Court fin
nds that the argu
uments

Plainti
iff's req
quest for fees an costs
r
nd

This action i hereby REMANDE to the Superio Court of
is
y
ED
e
or
Ca
alifornia for San Mateo C
a
n
County.

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United States District Court

For the Northern District of California

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IT IS SO ORDE
S
ERED.

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Dated Septem
d:
mber 9, 2
2011
UNITED ST
U
TATES DIS
STRICT JU
UDGE

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