Universal Energy Plus LLC v. Green Oil Operating Oklahoma LLOC et al

Filing 8

ORDER granting 5 plaintiff's motion to remand...this case is REMANDED to the District Court of Lincoln County, Oklahoma...the clerk of court is directed to mail a certified copy of this order to the court clerk of the Oklahoma court. Signed by Honorable Joe Heaton on 01/10/2012. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
UNIVERSAL ENERGY PLUS LLC
Plaintiff,
vs.
GREEN OIL OPERATING OKLAHOMA,
LLC, et al.,
Defendants.

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NO. CIV-11-1441-HE

ORDER
Plaintiff originally filed this action in Oklahoma state court on December 13, 2010,
asserting claims against defendants based upon state tort law and the Racketeering Influenced
Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (“RICO”). The federal RICO claim
was pled in the original petition and the action was then subject to removal based on federal
question jurisdiction. See 28 U.S.C. §§ 1331, 1441(a). Consequently, defendants’ 30-day
removal window expired in January 2011. See id. § 1446(b). The fact the action was
consolidated with another state court action and then subsequently unconsolidated is of no
consequence because this action—as initially filed—was removable. See id. Plaintiff’s
motion to remand [Doc. #5], to which defendants have not responded, is GRANTED. As
the removal was plainly unfounded, the court concludes plaintiff should recover its
reasonable costs and attorneys fees incurred as a result of the removal. See 28 U.S.C. §
1447(c). The parties are directed to confer and reach agreement as to the amount of
costs/fees if possible. If agreement is not reached, plaintiff shall file its motion for
determination of the cost/fees amount by January 14, 2012. The court retains limited

jurisdiction for the sole purpose of determining the amount of costs/fees. Subject to that
reservation, this case is immediately REMANDED to the District Court of Lincoln County,
Oklahoma. The clerk of court is directed to mail a certified copy of this order to the court
clerk of the Oklahoma court forthwith.
IT IS SO ORDERED.
Dated this 10th day of January, 2012.