The opinion of the court was delivered by: G. MURPHY, Chief District Judge
This action is again before the Court on Plaintiff's motion for
attorney's fees. (Doc. 38) Plaintiff seeks fees and expenses in
the amount of $6,750.00 incurred as a result of the improper
removal of this action from state court. The Court remanded the
action by minute entry dated August 15, 2005. (Doc. 35) Desa
filed a memorandum in opposition to the motion for attorney's
fees in which it argues that the fee request is excessive, and it
asks the Court to exercise its discretion and deny the motion in
its entirety. (Doc. 40)
"An order remanding the case may require payment of just costs
and any actual expenses, including attorney fees, incurred as a
result of the removal." 28 U.S.C. § 1447(c). In this Circuit, as
long as removal was improper, the plaintiff is presumptively
entitled to an award of fees because § 1447(c) is a fee-shifting
statute. Sirotzky v. New York Stock Exchange, 347 F.3d 985, 987
(7th Cir. 2003), citing Garbie v. DaimlerChrysler Corp.,
211 F.3d 407, 410-11 (7th Cir. 2000), Wisconsin v. Hotline
Indus., 236 F.3d 363, 367-68 (7th Cir. 2000), and Citizens
for a Better Env't v. Steel Co., 230 F.3d 923, 927 (7th Cir. 2000). The presumption is rebuttable,
Sirotzky, 347 F.3d at 987, but Desa has not rebutted the
The Court stands by its analysis and conclusion that the
removal was improper. While Desa may feel justified in its
attempt to remove this action, it is well-settled that "§ 1447(c)
is not a sanctions rule; it is a fee-shifting statute, entitling
the district court to make whole the victorious party. An
opponent's bad faith may strengthen the position of a party that
obtained a remand, but it is not essential to an award, any more
than under the multitude of other fee-shifting statutes."
Garbie, 211 F.3d at 410. The Court has reviewed the fees and
expenses sought and finds them to be reasonable.
For the foregoing reasons, the motion for attorney's fees (Doc.
38) is GRANTED, and Plaintiff is awarded fees and costs in the
amount of $6,750.00.
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