Filed: Apr. 05, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2216 KATHLEEN BEUSTERIEN, Plaintiff - Appellant, v. ICON CLINICAL RESEARCH, INC.; OXFORD OUTCOMES, INC.; OXFORD OUTCOMES 2007 LIMITED; PAUL QUARTERMAN; ANDREW LLOYD, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:12- cv-02720-RWT) Submitted: March 26, 2013 Decided: April 5, 2013 Before DAVIS, WYNN, and THACKER, Circuit Judge
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2216 KATHLEEN BEUSTERIEN, Plaintiff - Appellant, v. ICON CLINICAL RESEARCH, INC.; OXFORD OUTCOMES, INC.; OXFORD OUTCOMES 2007 LIMITED; PAUL QUARTERMAN; ANDREW LLOYD, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:12- cv-02720-RWT) Submitted: March 26, 2013 Decided: April 5, 2013 Before DAVIS, WYNN, and THACKER, Circuit Judges..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2216
KATHLEEN BEUSTERIEN,
Plaintiff - Appellant,
v.
ICON CLINICAL RESEARCH, INC.; OXFORD OUTCOMES, INC.; OXFORD
OUTCOMES 2007 LIMITED; PAUL QUARTERMAN; ANDREW LLOYD,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:12-
cv-02720-RWT)
Submitted: March 26, 2013 Decided: April 5, 2013
Before DAVIS, WYNN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Andrew J. Morris, MORVILLO LLP, Washington, D.C.; Andrew A.
Nicely, Washington, D.C., for Appellant. Andrew K. Fletcher,
PEPPER HAMILTON LLP, Pittsburgh, Pennsylvania; Kathleen A.
Mullen, PEPPER HAMILTON LLP, Harrisburg, Pennsylvania, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kathleen Beusterien appeals the district court’s order
remanding the underlying civil action to the Circuit Court for
Montgomery County, Maryland, and denying her request for a fee
award to compensate her for the attorney’s fees and costs she
incurred in contesting Defendants’ removal of her civil action
to federal court. Beusterien does not challenge the remand
order, limiting this appeal only to the denial of her request
for a fee award. We affirm.
We review for an abuse of discretion the district
court’s order denying attorney’s fees pursuant to 28 U.S.C.
§ 1447(c) (2006). See In re Lowe,
102 F.3d 731, 733 n.2 (4th
Cir. 1996). “There is no automatic entitlement to an award of
attorney’s fees.” Valdes v. Wal–Mart Stores, Inc.,
199 F.3d
290, 292 (5th Cir. 2000) (holding that the “mere determination
that removal was improper” does not require a district court to
award attorney’s fees). As the Supreme Court has instructed,
§ 1447(c) authorizes the district court to award attorney’s fees
“when such an award is just[,]” Martin v. Franklin Capital
Corp.,
546 U.S. 132, 138 (2005), but whether to do so is
committed to the court’s sound discretion.
Id. at 139-41.
Based on our review of the facts of this case and the
relevant law, we conclude that the district court did not abuse
its discretion in denying Beusterien’s request for a fee award.
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Accordingly, we affirm the district court’s order. See
Beusterien v. Icon Clinical Research, Inc., No. 8:12-cv-02720-
RWT (D. Md. filed Oct. 1, 2012; entered Oct. 2, 2012). We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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