Derosier v. Global Hawk Insurance Company (RRG)

Filing 26

ORDER CONVERTING 20 MOTION for Reconsideration re 17 Order on Motion to Remand, Denying attorney fees filed by Brittney Derosier into a Renewed Motion for Attorneys' Fees and Costs. Hearing set for 3/16/2017 11:00 AM in C ourtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Defendant's Opposition due by 2/17/2017. Plaintiff's reply due by 2/24/2017. ORDER TO SHOW CAUSE to Dominic G. Flamiano. Order to Show Cause Hearing set for 3/16/2017 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Show Cause Response due by 2/17/2017. Signed by Judge Kandis A. Westmore on 1/26/2017. (kawlc1, COURT STAFF) (Filed on 1/26/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRITTNEY DEROSIER,

Case No. 4:16-cv-06069-KAW

Plaintiff,
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v.
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United States District Court
Northern District of California

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GLOBAL HAWK INSURANCE
COMPANY (RRG),
Defendant.

ORDER CONVERTING PLAINTIFF’S
MOTION FOR RECONSIDERATION
INTO MOTION FOR ATTORNEYS’
FEES; ORDER CONTINUING
HEARING; ORDER TO SHOW CAUSE;
ORDER DENYING DEFENDANT’S
REQUEST FOR SANCTIONS
Re: Dkt. No. 20

On January 13, 2017, Defendant filed an opposition to Plaintiff’s motion for

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reconsideration of the denial of attorneys’ fees in connection with the granting of the motion to

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remand to state court. (Dkt. No. 24.) Therein, Defendant argued that reconsideration is

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unavailable for cases remanded for lack of subject matter jurisdiction pursuant to 28 U.S.C. §

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1447(c). Id. at 1. Defendant is correct that orders remanding cases to state court are not

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reviewable. Plaintiff, however, was not seeking reconsideration of the remand. Rather, she was

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seeking reconsideration of the denial of reasonable attorneys’ fees and costs. Indeed, the Court

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retains “jurisdiction to consider a motion for sanctions filed after an action has been remanded to

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state court.” City of Santa Rosa v. Patel, 2007 WL 2790687, at *2 (N.D. Cal. Sept. 25, 2007)

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(citing Moore v. Permanente Medical Group, Inc., 981 F.2d 443, 445 (9th Cir. 1992)). While the

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Court initially denied Plaintiff’s request for sanctions, in light of information that has since come

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to the Court’s attention, the undersigned hereby CONVERTS the motion for reconsideration into a

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renewed motion for attorneys’ fees and costs under 28 U.S.C. § 1447(c).

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The Court is concerned that defense counsel Dominic G. Flamiano misrepresented

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Defendant’s citizenship, despite having filed a 2015 lawsuit in this district that clearly stated that

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Defendant was a citizen of California. See Compl. ¶ 1, Global Hawk Ins. Co. (RRG) v. Vega, 15-

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cv-02093-YGR (May 8, 2015), ECF No. 1. That this was brought to the Court’s attention after

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Plaintiff’s request for attorneys’ fees was initially denied is not a result of a lack of due diligence.

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Accordingly, Mr. Flamiano is ORDERED TO SHOW CAUSE on or before February 17, 2017

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why he should not be personally sanctioned under 28 U.S.C. § 1927 and/or the Court’s inherent

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powers, and why he should not be referred to the Northern District’s Standing Committee on

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Professional Conduct. The response to the order to show cause shall not exceed five pages.

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As Defendant declined to address the merits of Plaintiff’s arguments for attorneys’ fees

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and costs in its initial opposition, it is permitted to file an opposition on the merits on or before

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February 17, 2017. Plaintiff may file a reply on or before February 24, 2017.

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United States District Court
Northern District of California

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The Court finds that the renewed motion for attorneys’ fees and costs is not frivolous.
Therefore, Defendant’s request for sanctions is DENIED. (See Dkt. No. 24 at 3.)

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The hearings on the order to show cause and the renewed motion for attorneys’ fees and

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costs will be held on March 16, 2017 at 11:00 a.m. in Courtroom 4, 1301 Clay Street, Oakland,

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California. Mr. Flamiano shall personally appear.

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IT IS SO ORDERED.
Dated: January 26, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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