Colonial Savings FA v. Gens et al

Filing 5

ORDER signed by Judge Rudolph T. Randa on 1/22/2013 GRANTING 3 Motion to Remand. (cc: all counsel) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

COLONIAL SAVINGS, F.A.,
Plaintiff,
-vs-

Case No. 13-C-57

TIMOTHY GENS, LAURA GENS,
Defendants.

DECISION AND ORDER
This is the second time that the defendants, Timothy and Laura Gens, have attempted to
remove this matter from Walworth County Circuit Court. The first time, the district court granted
Colonial Savings’ motion to remand because the removal was untimely. Case No. 10-C-354-CNC,
September 9, 2011 Order Granting Plaintiff’s Motion to Remand. To state the obvious, the passage
of more time cannot cure the initial untimeliness—as the court explained, the defendants were aware
that this case was removable in July 2009. Id. at 3. Therefore, the defendants lacked an objectively
reasonable basis for seeking removal, Martin v. Franklin Cap. Corp., 546 U.S. 132, 141 (2005),
entitling the plaintiff to costs and attorney’s fees.
Plaintiff’s motion to remand [ECF No. 3] is GRANTED.
Dated at Milwaukee, Wisconsin, this 22nd day of January, 2013.
BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge