Schiff v. Liberty Mutual Fire Insurance Co. et al

Filing 57

ORDER granting in part Plaintiff's 49 Motion for Attorney Fees signed by Judge Marsha J. Pechman. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STAN SCHIFF, M.D. PH.D,
Plaintiff,

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CASE NO. C17-914 MJP
ORDER ON MOTION FOR
ATTORNEY FEES AND COSTS

v.
LIBERTY MUTUAL FIRE
INSURANCE CO., et al.,

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Defendants.
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The above-entitled Court, having received and reviewed:
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1. Plaintiff’s Motion for Attorney Fees and Costs (Dkt. No. 49),
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2. Defendants’ Response to Plaintiff’s Motion for Attorney Fees and Costs (Dkt. No.
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52),
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3. Plaintiff’s Reply in Support of Motion for Attorney Fees and Costs (Dkt. No. 54),
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all attached declarations and exhibits, and relevant portions of the record, rules as follows:
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ORDER ON MOTION FOR ATTORNEY FEES AND COSTS - 1

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IT IS ORDERED that the motion is GRANTED IN PART; Plaintiff shall be awarded his

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reasonable fees and costs in bringing the motion to remand which this Court granted; namely, the

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$24,900 in attorney fees he documents as directly related to that motion.

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While Defendants are correct that Plaintiff’s motion for remand did not contain a

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discussion of his request for attorney fees, Plaintiff’s proposed order (attached to his moving

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papers) clearly contained such a request (“IT IS HEREBY ORDERED that Plaintiff’s Motion for

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Remand is GRANTED and the Court hereby remands this case to King County Superior Court

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and awards Plaintiff its reasonable attorney fees and costs;” Dkt. No. 19-1)(emphasis supplied.)

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Defendants are also correct that it is within the Court’s discretion to award fees based on

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either “unusual circumstances” or when removal lacked an objectively reasonable basis. Jordan

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v. Nationstar Mortgage, LLC, 771 F.3d 1178, 1184 (9th Cir. 2015). The Court finds “unusual

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circumstances” in the pattern of unsuccessful removals (and sanctions entered thereupon) which

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have characterized this litigation. This is the third time that this case has been removed from

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state court and remanded back; while this also raises questions about the “objective

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reasonableness” of a third attempt, the Court will confine itself to a finding that this series of

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unsuccessful removals constitutes “unusual circumstances” justifying the award of fees for the

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expense of litigating the remand issue yet again.

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The Court will, however, confine that award to the cost of the remand motion itself,
which has been documented at $24,900. (See Dkt. No. 50-1, Declaration of Breskin, Ex. 1.)
Defendants are ordered to remit that sum to counsel for Plaintiff within 10 days of the
date of this order.

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ORDER ON MOTION FOR ATTORNEY FEES AND COSTS - 2

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The clerk is ordered to provide copies of this order to all counsel.

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Dated: January 17, 2018.

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A

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Marsha J. Pechman
United States District Judge

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ORDER ON MOTION FOR ATTORNEY FEES AND COSTS - 3