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Becker v. Pfizer

December 29, 2005

SANDY BECKER, AND MIKE BALDWIN, PLAINTIFFS,
v.
PFIZER, INC., DEFENDANT.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

In accordance with a fee award by U.S. District Judge Michael J. Reagan, on December 7, 2005, plaintiff was ordered to submit to defendant a revised statement of costs and expenses actually incurred as a result of removal, and a deadline for payment was set. (Doc. 19). Defendant subsequently filed a motion to vacate the fee award itself, based on the Supreme Court decision in Martin v. Franklin Capital Corp., No. 04-1140, 2005 WL 3299410 (Dec. 7, 2005), rejecting the presumption of entitlement to a fee under 28 U.S.C. § 1447(c) as a normal incident of remand. (Doc. 20). In the alternative, defendant requests that plaintiffs' $25,616.86 fee request be reduced. (Doc. 20). By order dated December 22, 2005, U.S. District Judge Michael J. Reagan declined to vacate the fee award, leaving this Court to determine issues surrounding plaintiffs' fee request. (Doc. 21).

IT IS THEREFORE ORDERED that on or before January 13, 2006, plaintiffs shall file with the Court a response to defendant's objections to plaintiffs' $25,616.86 fee request. Defendant shall then have until January 23, 2006, to file a response.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20051229

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