Nater-Ocasio v. X-Square Capital, LLC

Filing 11

ORDER: Granting in Part and Denying in Part 7 "Motion and Memorandum in Support of Motion to Remand." See Memorandum and Order attached. Judgment will be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 6/20/2016. (ADS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
JOSE G. NATER OCASIO,
Plaintiff,
v.

CIVIL NO. 16-1937 (PAD)

X-SQUARE CAPITAL, LLC.,
Defendant.

MEMORANDUM AND ORDER
José G. Náter-Ocasio sued X-Square Capital, LLC in state court for alleged wrongful
discharge, retaliation, wages, breach of employment contract, and damages. Defendant removed the
case to federal court (Docket No. 1). Before the court is plaintiff’s “Motion and Memorandum in
Support of Motion to Remand” (Docket No. 7), which defendant opposed (Docket No. 10). After
careful evaluation of the parties’ filings, the issues raised, and the principles and authorities
governing their adjudication, the motion is GRANTED in PART and DENIED in PART.
Plaintiff’s claims are asserted exclusively under Puerto Rico law. Yet, there is no diversity
of citizenship. Because the court lacks subject matter jurisdiction, plaintiff’s request that the case
be remanded to state court is GRANTED and the case REMANDED to state court. However,
plaintiff’s request for costs and attorney’s fees is DENIED.
A court may award costs and attorney’s fees under 28 U.S.C. § 1447 (c) where the removing
party lacks an objectively reasonable basis for seeking removal. Even though defendant’s attempt
to remove was unsuccessful, the allegations included in the complaint regarding his claim for
wages were sufficiently ambiguous for defendant to believe that removal was appropriate.
Therefore, defendant’s attempt to remove the case was not objectively unreasonable. Martin v.

Náter-Ocasio v. X-Square Capital, LLC.
Civil No. 16-1937 (PAD)
Memorandum and Order
Page 2

Franklin Capital Corp., 546 U.S. 132, 141 (2005).
Judgment will be entered accordingly.
SO ORDERED.
In San Juan, Puerto Rico, this 20th day of June, 2016.
S/Pedro A. Delgado-Hernández
PEDRO A. DELGADO HERNANDEZ
United States District Judge