Schrader

MEMORANDUM ***

Dan Schrader, a union truck driver, brought this employment discrimination suit in state court against his employer, Noll Manufacturing Co. (“Noll”), and its plant manager, Bruce Couturier, under California’s Fair Employment and Housing Act (“FEHA”). See Cal. Gov.Code § 12940. Schrader alleged in his complaint that Noll and Couturier invoked the drug testing provisions of his collective bargaining agreement (“CBA”) as a pretext for discriminating against him on the basis of his age and disability, and in retaliation for his filing of a workers’ compensation claim. Noll and Couturier removed the action to federal court on the ground that Schrader’s discrimination claims were preempted by § 301 of the Labor Management and Relations Act (“LMRA”). 29 U.S.C. § 185 (a). Schrader moved to remand the case back to state court. The district court granted Schrader’s motion and awarded him $9,960.22 in attorney’s fees and costs, finding that the defendants’ grounds for removal were “weak.” Acknowledging that the remand order itself is not renewable, see 28 U.S.C. § 1447 (d), Noll and Couturier appeal only the district court’s order awarding attorney’s fees and costs. We have…