Fitzgerald

Fitzgerald v. Celergy Networks Inc.

Good Law
67 F. App'x 390
United States Court of Appeals for the Ninth CircuitMay 6, 2003No. 02-55712; D.C. No. CV-01-10279-TJHCalifornia978 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants-Appellants Art Cormier and Celergy Networks, Inc. appeal the district court’s order granting Plaintiff-Appellee Sean Fitzgerald attorney fees pursuant to 28 U.S.C. § 1447 (c) because of an improper removal by Defendants of Fitzgerald’s state court claims to the federal district court. We affirm.

This Court is precluded by 28 U.S.C. § 1447 (d) from directly reviewing a district court’s decision to remand a case back to the state court. Balcorta v. Twentieth Century-Fox Film Corp., 208 F.3d 1102, 1105 (9th Cir.2000). Nevertheless, we still have jurisdiction to review the district court’s award of attorney fees pursuant to 28 U.S.C. § 1447 (c). Dahl v. Rosenfeld, 316 F.3d 1074, 1077 (9th Cir.2003). “We review an award of attorneys’ fees for an abuse of discretion and will overturn the district court’s decision only if it is based on clearly erroneous findings of fact or erroneous determinations of law.” Id. “In order to determine whether a decision was erroneous, we must undertake a de novo examination of whether the remand order was legally correct.” Id. (internal quotation marks and citation omitted).

Defendants removed the case to federal court, arguing…

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