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Fearey v. Chugach Educational Services, Inc.

United States District Court, D. Oregon

September 9, 2019

STEPHANIE FEAREY, Plaintiff,
v.
CHUGACH EDUCATION SERVICES, INC.; MANAGEMENT & TRAINING CORPORATION; MICAH WIESE; DANNY STODDARD; and ROBERT WRIGHT, Defendants.

          MITRA SHAHRI DANIEL K. LE ROUX ANDREW P. FREEMAN Mitra Law Group Attorneys for Plaintiff

          MATTHEW C. CASEY PEDER RIGSBY ALEXANDER H. HILL Bullivant Houser Baily Attorneys for Defendant Chugach Education Services, Inc.

          OPINION AND ORDER

          ANNA J. BROWN UNITED STATES SENIOR DISTRICT JUDGE

         This matter comes before the Court on Plaintiff Stephanie Fearey's Motion (#34) for Attorney's Fees. For the reasons that follow, the Court GRANTS Plaintiff's Motion and AWARDS Plaintiff attorneys' fees of $10, 237.50.

         BACKGROUND

         On February 12, 2019, Plaintiff filed a Complaint in the Multnomah County Circuit Court of the State of Oregon against Defendant Chugach Education Services, Inc., and other parties. Plaintiff alleged claims against Chugach arising out of her employment.

         On April 22, 2019, Chugach filed in this Court a Notice of Removal of the state-court case pursuant to 28 U.S.C. § 1442(a)(1).

         On May 21, 2019, Plaintiff filed a Motion (#14) to Remand this case to state court.

         On July 29, 2019, the Court granted Plaintiff's Motion to Remand. The Court also concluded Plaintiff was entitled to recovery of attorneys' fees as a result of Chugach's unreasonable and defective removal.

         On August 12, 2019, Plaintiff filed a Motion for Attorney's Fees. Chugach did not file any response to Plaintiff's Motion, and the Court took the Motion under advisement on August 30, 2019.

         DISCUSSION

         I. Plaintiff is entitled to reasonable attorneys' fees.

         28 U.S.C. § 1447(c) states:

An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as ...

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