Leslie Brown v. New York Life Insurance Company Richard Kilmartin Samuel Ware Virginia Roddy

91 F.3d 150 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leslie BROWN, Plaintiff-Appellee, v. NEW YORK LIFE INSURANCE COMPANY; Richard Kilmartin; Samuel Ware; Virginia Roddy, Defendants-Appellants. No. 95-15573. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1996. * Decided July 12, 1996. Before: WOOD ** , CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 New York Life Insurance Company, Richard Kilmartin, Samuel Ware, and Virginia Roddy (collectively, "New York Life") appeal from the district court's order awarding attorney's fees to Leslie Brown under 28 U.S.C. 1447(c) as a result of New York Life's improper removal. New York Life contends that the district court abused its discretion by awarding fees because it properly removed the case to federal court, and even if it didn't, it at least had a "colorable basis" for removal. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. 1 3 Section 1447(c) authorizes the district court to award…