Harmata et al v. Allstate Indemnity Company

Filing 10

ORDER for Remand and Award of Attorney's Fees. Ordered that this civil action is remanded to the District Court, City and County of Denver, State of Colorado, and the plaintiffs are awarded $350.00 as attorney's fees for the motion to remand by Judge Richard P. Matsch on 04/06/09. (jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 09-cv-00714-RPM JOSEF HARMATA and GEORGE SIRACKI, Plaintiffs, v. ALLSTATE INDEMNITY COMPANY, Defendant ._____________________________________________________________________ ORDER FOR REMAND AND AWARD OF ATTORNEY'S FEES _____________________________________________________________________ The Notice of Removal filed by the defendant Allstate Indemnity Company, correctly identified as Allstate Insurance Company, on March 31, 2009, insufficiently alleges diversity jurisdiction as is observed by the plaintiffs' objections, filed April 2, 2009, properly considered a motion to remand and for attorney's fees. The affidavit of attorney's fees attached by counsel Samuel G. Livingston, seeking recovery of $350.00, is a reasonable amount. Because this matter was improvidently removed from the District Court, City and County of Denver, State of Colorado, it is ORDERED that this civil action is remanded to the District Court, City and County of Denver, State of Colorado, and the plaintiffs are awarded $350.00 as attorney's fees for the motion to remand. DATED: April 6th, 2009 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge