ZAMPITELLA v. WALGREENS COMPANY et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs request for attorneys fees is denied. Signed by District Judge Carol E. Jackson on 7/19/16. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
WALGREENS COMPANY, et al.,
Case No. 4:16-CV-781 (CEJ)
MEMORANDUM AND ORDER
Plaintiff Dennis Zampitella filed suit in state court alleging that his employer
wrongfully terminated his employment in violation of the Missouri Human Rights
Act, Mo.Rev.Stat. §§ 213.010 et seq. Defendant Walgreens Company removed the
matter to this Court on the basis of federal question jurisdiction, asserting that
plaintiff’s claims arose under the Family Medical Leave Act (FMLA), 29 U.S.C. §§
2601 et seq. On July 6, 2016, the Court found that plaintiff’s claims did not arise
under the FMLA and remanded the case to the state court.
Plaintiff seeks an award of attorney’s fees pursuant to 28 U.S.C. § 1447(c),
which grants courts the authority “to require payment of just costs and actual
expenses, including attorney fees, incurred as a result of the removal.” The
standard for awarding fees turns on the reasonableness of the removal. “Absent
unusual circumstances, courts may award attorney’s fees under § 1447(c) only
where the removing party lacked an objectively reasonable basis for seeking
removal. Conversely, when an objectively reasonable basis exists, fees should be
denied.” Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). Here, the
Court declines to find that defendant lacked an objectively reasonable basis for
IT IS HEREBY ORDERED that plaintiff’s request for attorney’s fees is
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 19th day of July, 2016.
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