Battle Creek State Bank v. RC Ventures, LLC et al

Filing 29

ORDER by Judge James Donato granting 20 Motion to Remand; denying 22 Motion for Attorney Fees. (jdlc2S, COURT STAFF) (Filed on 11/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BATTLE CREEK STATE BANK, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No.16-cv-04984-JD ORDER REMANDING CASE AND DENYING FEES v. RC VENTURES, LLC, et al., Re: Dkt. Nos. 20, 22 Defendants. In this removed action, plaintiff Battle Creek State Bank has filed a motion to remand, 13 which is not opposed by either the removing party, Markou, LLC, or any of the other defendants 14 who previously consented to the removal. Dkt. Nos. 20, 25. The parties consequently are in 15 agreement that the case should be remanded back to state court. Based on this agreement and 16 because the Court finds pursuant to 28 U.S.C. § 1447(c) that the case was removed improvidently 17 and without jurisdiction, the Court orders the action remanded to the Superior Court of the State of 18 California in and for the County of Marin. 19 Plaintiff has also filed a motion for attorney fees and costs, Dkt. No. 22, which is opposed. 20 An award of fees and costs in a remand order under 28 U.S.C. § 1447(c) is not automatic, and is 21 instead left to the district court’s discretion. Martin v. Franklin Capital Corp., 546 U.S. 132, 139 22 (2005). This case presents somewhat of a close question, but the Court finds that fees and costs 23 are not warranted under the standard set out in Martin, 546 U.S. 141. Plaintiffs’ fees and costs 24 motion is denied. 25 26 IT IS SO ORDERED. Dated: November 7, 2016 27 28 JAMES DONATO United States District Judge

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