Vargas v. Nash-Finch Company

Filing 15

ORDER GRANTING MOTION TO REMAND. The 8 Plaintiffs Motion to Remand and For Award of Just Costs and Expenses is GRANTED and reasonable fees in the amount of $6,615.00 are awarded to the Plaintiff, to be paid within 20 days, failing which judgement shall enter in favor of the Plaintiff and against the Defendant in such amount, by Judge Marcia S. Krieger on 04/21/2010.(wjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 10-cv-00327-MSK-KMT GERALDINE VARGAS, Plaintiff, v. NASH-FINCH COMPANY, d/b/a AVANZA SUPERMARKET, a Delaware corporation, Defendant. ORDER GRANTING MOTION TO REMAND THIS MATTER comes before the Court on the Plaintiff's Motion to Remand and For Award of Just Costs and Expenses (Motion) (#8) filed February 24, 2010. Having reviewed the Motion, IT IS ORDERED that the Motion is GRANTED. The issue of the Court's jurisdiction was previously, conclusively determined by Judge Arguello's Order Remanding Case (Remand Order) at Docket #8 in 10-cv-00259-CMA. The Remand Order found that the original Notice of Removal was untimely; such order is not subject to collateral attack by the filing of another notice of removal. Although the Defendant generally opposes the request for fees, it offers no case law or argument in support of its opposition and no objection as to the reasonableness of the amount of the fee request. Accordingly, the Motion is GRANTED and reasonable fees in the amount of $6,615.00 are awarded to the Plaintiff, to be paid within 20 days, failing which judgement shall enter in favor of the Plaintiff and against the Defendant in such amount. DATED this 21st day of April, 2010. BY THE COURT: Marcia S. Krieger United States District Judge

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