Filing 20

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DENNIS ZAMPITELLA, Plaintiff, vs. WALGREENS COMPANY, et al., Defendants. ) ) ) ) ) ) ) ) ) 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 seeking removal. Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for attorney’s fees is denied. CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 19th day of July, 2016. 2

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