Garbers-Adams et al v. Adams et al
| Samantha Garbers-Adams and Lisa Walford |
| Scott A. Adams, Robert W. Walford and FCStone, LLC |
| 1:2010cv00726 |
| January 29, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Denny Chin |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
24
OPINION AND ORDER re: 13 MOTION to Dismiss filed by FCStone, LLC, 8 MOTION to Remand filed by Samantha Garbers-Adams, Lisa Walford. For the reasons set forth in this Opinion and Order, FCStone has failed to demonstrate that this case was properly removed and that this Court has subject matter jurisdiction over this matter. FCStone's arguments in favor of realignment are unpersuasive and absent realignment, complete diversity of citizenship required by 28 U.S.C. 1332 is lacking. Plaintif fs ask the Court to award them costs and fees associated with FCStone's removal and the instant motion to remand. The Court will not make such an award in this case. While FCStone's arguments in favor of removal and realignment by this Cou rt were ultimately not persuasive, nothing in the record of removal and realignment by this Court were ultimately not persuasive, nothing in the record indicates that removal was sought in bad faith and FCStone's arguments were not frivolous or "objectively unreasonable" such that an award of costs would be proper under 28 U.S.C. 1447(c). Plaintiffs' motion to remand is granted. In light of the Court's decision on Plaintiffs' motion to remand. Defendant FCStone's motion to dismiss or transfer to the Northern District of Illinois is denied as moot without prejudice to raising the issue in state court. (Signed by Judge Robert P. Patterson on 7/8/2010) Copies Faxed By Chambers. (tro)
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