3:23-cv-02793
N.D. Tex.Feb 9, 2024Background
- HMC RFG Investors LLC (HMC) sued Robert T. Jones in state court.
- Jones removed the case to federal court, alleging diversity jurisdiction.
- The court ordered Jones to properly allege both parties' citizenship; Jones admitted he was a Texas citizen, same as the forum state.
- HMC moved to remand, arguing lack of complete diversity and Jones’s in-state citizenship prohibited removal.
- Jones did not oppose remand but resisted HMC’s request for attorney’s fees and costs under 28 U.S.C. § 1447(c).
- The court granted remand and awarded attorney’s fees and costs to HMC, finding Jones lacked an objectively reasonable basis for removal under the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand Appropriate? | No complete diversity; Jones is a Texas citizen. | Agrees remand appropriate after citizenship clarified | Remand required; diversity removal improper |
| Attorney’s Fees and Costs | Should be awarded due to improper removal | Removal was in good faith, fees should be denied | Fees and costs awarded; removal not reasonable |
| Jurisdiction Retention over Fees | Court should retain jurisdiction over fees | Not specifically opposed | Court retains jurisdiction over attorney’s fees |
| Pending Motion to Dismiss | No argument (removal moots) | No argument (removal moots) | Not addressed due to remand |
Key Cases Cited
- Martin v. Franklin Cap. Corp., 546 U.S. 132 (2005) (standards for awarding attorney’s fees under § 1447(c))