Semenyuk et al v. Zagrebelny et al

Filing 16

MINUTE ORDER denying Defendants' 15 Motion for Reconsideration of the Court's order granting Plaintiffs' motion for remand. The order for remand 11 will be EFFECTIVE IMMEDIATELY because Defendants' removal was blatantly frivolous. Authorized by U.S. District Judge John C Coughenour. (PM) cc: Zagrebelny Defendants via the U.S. Mail

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 VICTOR SEMENYUK, et al., 10 11 12 13 Plaintiffs, CASE NO. C16-1897-JCC MINUTE ORDER v. TATYANA ZAGREBELNY, et al., Defendants. 14 15 16 The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: 17 This matter comes before the Court on Defendants’ motion for reconsideration of the 18 Court’s order granting Plaintiffs’ motion for remand (Dkt. No. 15). Defendants argue that the 19 order granting remand was an “abuse of discretion” and that they have a “statutory right” to 20 removal. (Id. at 1.) However, the Court was well within its authority, as Defendants do not have 21 a statutory right to a blatantly frivolous and improper removal action. As previously stated, the 22 removal was untimely, there is no federal question presented, and the parties are not completely 23 diverse. (Dkt. No. 11 at 2.) Defendants had no valid ground for removal to federal court, and the 24 removal was seemingly an attempt to prolong the unlawful detainer action. Given these 25 circumstances, the Court waives the 14-day stay for remanded cases pursuant to Local Civil Rule 26 3(h). The order to remand (Dkt. No. 11) will be EFFECTIVE IMMEDIATELY because MINUTE ORDER C16-1897-JCC PAGE - 1 1 2 Defendants’ removal was blatantly frivolous. DATED this 15th day of February 2017. 3 William M. McCool Clerk of Court 4 s/Paula McNabb Deputy Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C16-1897-JCC PAGE - 2

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