Ikuo Ogihara v. Andrew Kim

I. BACKGROUND

Plaintiff filed this action in state court on September 9, 2024. Notice of Removal, Ex. A (“Complaint”) [Dkt. No. 1-1]. The Complaint alleges that Plaintiff Ikuo Ogihara lent Defendant HBSM Care Inc. (formerly “Sports Med Care Inc.”) $500,000 in the form of a revolving line of credit agreement (“RLCA”) and a promissory note (“Note”). Complaint ¶ 2. Defendant Andrew Kim—owner of HBSM—entered into a guaranty agreement with Plaintiff (“Guaranty”), personally guaranteeing repayment of the underlying loan. Id. Plaintiff alleges Defendants are in breach of contract because of their failure to make payment towards the repayment of the loan. Id. ¶ 3. Defendants removed the action on September 13, 2024—before defendant had been served—based on diversity jurisdiction. Notice of Removal at 2. On October 2, 2024, Defendants informed Plaintiff that they would not be contesting remand. Declaration of Michael A. Fuoroli in Support of Plaintiff’s Motion (“Fuoroli”) ¶ 12. Plaintiff responded that it would nonetheless seek attorney’s fees because of the removal. Id. Plaintiff filed the instant Motion on October 7, 2024 [Dkt. No. 11], and the Court took it under…