Haw v. Howard

Filing 13

ORDER DENYING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS 9 (Illston, Susan) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-05167 SI

HAW,

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United States District Court
For the Northern District of California

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ORDER DENYING PLAINTIFF’S
MOTION FOR ATTORNEYS’ FEES AND
COSTS

Plaintiff,
v.
HOWARD,
Defendant.

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Currently before this Court is plaintiff’s motion for attorneys’ fees and costs. Pursuant to Civil

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Local Rule 7-1(b), the Court determines that these matters are appropriate for resolution without oral

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argument and VACATES the hearing scheduled for January 25, 2013.

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This case stems from an action for unlawful detainer under California state law. Defendant

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removed the action from Alameda County Superior Court on October 4, 2012. On October 30, 2012,

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plaintiff filed a motion to remand, which the Court granted on December 13, 2012 because of a lack of

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federal subject matter jurisdiction. Defendant’s instant motion requests attorneys’ fees and costs on the

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grounds that plaintiff’s removal was not reasonable. The Court in its discretion may award attorneys’

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fees and costs incurred as a result of the removal. 28 U.S.C. § 1447(c). However, there is no evidence

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in the record that defendant, who is pro se, removed the case to abuse or harass plaintiff, or add

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unnecessary expense to the litigation. Therefore, the Court in its discretion DENIES plaintiff’s request

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for an award of attorneys’ fees and costs.

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IT IS SO ORDERED.

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Dated: January 14 , 2013
SUSAN ILLSTON
United States District Judge