Federal National Mortgage Association v. Estate of Bonnie Matulka et al
Filing
15
ORDER - IT IS ORDERED: The Plaintiff's Motion for Attorney Fees (filing 13 ) is granted. The plaintiff is awarded $875 in attorney fees in the above-captioned case, to be recoverable jointly and severally from the defendants in this cas e. This award shall be in addition to any award in the other cases with which above-captioned case was consolidated. The Clerk of the Court is authorized to accept payment pursuant to this award and deliver those funds to the plaintiff's counsel. Ordered by Judge John M. Gerrard. (TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
4:13-CV-3052
Plaintiff,
vs.
ORDER
ESTATE OF BONNIE MATULKA, et
al.,
Defendants.
This matter is before the Court on the Plaintiff's Motion for Attorney
Fees (filing 13). The Court's Memorandum and Order of June 18, 2013 (filing
10) previously found that an award of costs and expenses, including attorney
fees, was appropriate in this case because the removing parties lacked an
objectively reasonable basis for seeking removal. See 28 U.S.C. ยง 1447(c); see
also Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005).
The defendants have filed no objection or response to the plaintiff's
motion for attorney fees. The Court has reviewed the motion and the
plaintiff's affidavit and finds the plaintiff's fees to be reasonable. See Farmers
Coop. v. Senske & Son Transfer Co., 572 F.3d 492, 500 (8th Cir. 2009); see
also, Fed. R. Civ. P. 54(d)(2); NECivR 54.3. Accordingly, the plaintiff's motion
will be granted.
IT IS ORDERED:
1.
The Plaintiff's Motion for Attorney Fees (filing 13) is
granted.
2.
The plaintiff is awarded $875 in attorney fees in the abovecaptioned case, to be recoverable jointly and severally from
the defendants in this case.
3.
This award shall be in addition to any award in the other
cases with which above-captioned case was consolidated.
4.
The Clerk of the Court is authorized to accept payment
pursuant to this award and deliver those funds to the
plaintiff's counsel.
Dated this 22nd day of July, 2013.
BY THE COURT:
John M. Gerrard
United States District Judge
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