PERRY et al v. ALEXANDER et al

Filing 19

ORDER REMANDING CASE TO STATE COURT granting 8 Motion to Remand to State Court; denying 8 Motion for Fees By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ALAN J. PERRY, NINA E. PERRY and
LAURA A. PERRY,
Plaintiffs,
v.
PETER TINKHAM and JULIET
ALEXANDER,

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) Docket no. 2:15-cv-00310-GZS
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Defendants.

ORDER REMANDING CASE TO STATE COURT
Before the Court is the Motion to Vacate Removal, Remand to the State Court and Award
Attorney’s Fees filed by Plaintiffs (ECF No. 8) (the “Motion to Remand and Request for Fees”),
which is hereby GRANTED IN PART AND DENIED IN PART.
Mindful that “[r]emoval statutes should be strictly construed against removal and doubts
resolved in favor of remand,” Kingsley v. Lania, 221 F. Supp. 2d 93, 95 (D. Mass. 2002), for the
reasons adequately stated in the Motion to Remand and Request for Fees, the Motion to Remand
is GRANTED. For the reasons set forth in the Recommended Decision and Order (ECF No. 14 in
D. Me. Docket No. 1:14-cv-445), as affirmed by this Court’s Order (ECF No. 19 in D. Me. Docket
No. 1:14-cv-445), the Request for Fees is DENIED.
The Clerk is directed to REMAND this matter to Maine Superior Court, Oxford County
(Docket No. RE-14-25).
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 30th day of November, 2015.