Colonial Savings FA v. Gens et al

Filing 9

ORDER signed by Judge Rudolph T. Randa on 2/26/2013 DENYING 8 MOTION for Reconsideration filed by Timothy H. Gens; GRANTING 6 MOTION for Attorney Fees and Costs filed by Colonial Savings FA. Colonial Savings is awarded $776.00. (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
The Court remanded this case to state court on January 22. The defendants move for
reconsideration, but section 1447(d) of title 28 “strips the district court of jurisdiction to reconsider
an order of remand issued by it.” Midlock v. Apple Vacations West, Inc., 406 F.3d 453, 457 (7th Cir.
2005). Therefore, the defendants’ motion [ECF No. 8] is DENIED.
In the remand order, the Court also found that Colonial Savings was entitled to costs and
attorney’s fees because the defendants lacked an objectively reasonable basis for removal. Colonial
Savings now requests an order awarding $776.00 under section 1447(c), title 28. This motion [ECF
No. 6] is GRANTED.
Dated at Milwaukee, Wisconsin, this 26th day of February, 2013.
BY THE COURT:

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