Here are the materials in Marshall Bank v. Nooksack Business Corp. II (W.D. Wash.):
Marshall Bank Motion to Remand
An excerpt:
Plaintiff seeks an award of just costs and actual expenses incurred, including attorney fees, under 28 U.S.C. § 1447(c). The process of removing a case to federal court and then having it remanded back to state court delays resolution of the case, imposes additional costs on both parties, and wastes judicial resources. Martin v. Franklin Capital Corp., 546 U.S. 132, 140 (2005). Therefore, an award of fees is appropriate when the removing party lacks an objectively reasonable basis for seeking removal. Id. Here, defendants lacked any objectively reasonable basis to remove this case.1 As such, an award of just costs and actual expenses incurred, including attorney fees, is appropriate.
The most troubling aspect of this case is that the attorney for Nooksack made virtually no effort to make an argument as to why there could be diversity jurisdiction in a case involving an Indian tribe or its business entities.
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