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

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VICTOR SEMENYUK, et al.,

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Plaintiffs,

CASE NO. C16-1897-JCC
MINUTE ORDER

v.
TATYANA ZAGREBELNY, et al.,
Defendants.

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The following Minute Order is made by direction of the Court, the Honorable John C.
Coughenour, United States District Judge:

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This matter comes before the Court on Defendants’ motion for reconsideration of the

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Court’s order granting Plaintiffs’ motion for remand (Dkt. No. 15). Defendants argue that the

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order granting remand was an “abuse of discretion” and that they have a “statutory right” to

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removal. (Id. at 1.) However, the Court was well within its authority, as Defendants do not have

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a statutory right to a blatantly frivolous and improper removal action. As previously stated, the

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removal was untimely, there is no federal question presented, and the parties are not completely

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diverse. (Dkt. No. 11 at 2.) Defendants had no valid ground for removal to federal court, and the

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removal was seemingly an attempt to prolong the unlawful detainer action. Given these

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circumstances, the Court waives the 14-day stay for remanded cases pursuant to Local Civil Rule

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3(h). The order to remand (Dkt. No. 11) will be EFFECTIVE IMMEDIATELY because

MINUTE ORDER C16-1897-JCC
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Defendants’ removal was blatantly frivolous.
DATED this 15th day of February 2017.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C16-1897-JCC
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