GIBSON v. CLEAN HARBORS ENVIRONMENTAL SERVICES, INC., 1:13-cv-1040. (2014)
Court: District Court, W.D. Arkansas
Number: infdco20140408665
Visitors: 14
Filed: Apr. 07, 2014
Latest Update: Apr. 07, 2014
Summary: ORDER SUSAN O. HICKEY, District Judge. Before the Court is Plaintiffs' Motion for Attorneys' Fees pursuant to 28 U.S.C. 1447(c). (ECF No. 27). Defendant BioLab, Inc. has responded. (ECF No. 29). The Court finds the matter ripe for consideration. Under 1447(c), a district court "may require payment of just costs and actual expenses, including attorney fees, incurred as a result of the removal." 28 U.S.C. 1447(c). As the permissive language of the statute makes clear, the decision to awa
Summary: ORDER SUSAN O. HICKEY, District Judge. Before the Court is Plaintiffs' Motion for Attorneys' Fees pursuant to 28 U.S.C. 1447(c). (ECF No. 27). Defendant BioLab, Inc. has responded. (ECF No. 29). The Court finds the matter ripe for consideration. Under 1447(c), a district court "may require payment of just costs and actual expenses, including attorney fees, incurred as a result of the removal." 28 U.S.C. 1447(c). As the permissive language of the statute makes clear, the decision to awar..
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ORDER
SUSAN O. HICKEY, District Judge.
Before the Court is Plaintiffs' Motion for Attorneys' Fees pursuant to 28 U.S.C. § 1447(c). (ECF No. 27). Defendant BioLab, Inc. has responded. (ECF No. 29). The Court finds the matter ripe for consideration.
Under § 1447(c), a district court "may require payment of just costs and actual expenses, including attorney fees, incurred as a result of the removal." 28 U.S.C. § 1447(c). As the permissive language of the statute makes clear, the decision to award attorney fees rests within the sound discretion of the district court. GreatAmerica Leasing Corp. v. Rohr-Tippe Motors, Inc., 394 F.Supp.2d 1058, 1061 (N.D. Iowa 2005). "Absent unusual circumstances, courts may award attorneys' fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely, when an objectively reasonable basis exists, fees should be denied." Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005). Upon consideration of the issues presented in this case, the Court finds that an award of attorneys' fees and costs would be inappropriate. Accordingly, the Court finds that Plaintiffs' Motion for Attorneys' Fees (ECF No. 27) should be and hereby is DENIED.
IT IS SO ORDERED,
Source: Leagle
