Kendra McKenzie v. Homero Nino Munoz

Summary

The United States District Court for the District of Nevada grants Plaintiff Kendra McKenzie’s unopposed motion to remand under the local defendant rule, 28 U.S.C. § 1441(b)(2), and remands the case to Nevada state court. The Court also finds Plaintiff entitled to attorney’s fees under 28 U.S.C. § 1447(c), subject to substantiation of the amount by motion if the parties do not agree.

Holdings

1. The motion to remand was granted as unopposed, and the action was remanded to the Eighth Judicial District Court of Nevada.
2. Plaintiff was entitled to recover attorney's fees under 28 U.S.C. § 1447(c); failure to substantiate the amount was not a basis to deny the fee request outright. The amount remained subject to substantiation.
3. The court retained jurisdiction over the attorney's-fee dispute notwithstanding remand.

Questions Presented

1. Whether the action should be remanded because removal violated the local defendant rule under 28 U.S.C. § 1441(b)(2).
2. Whether Plaintiff was entitled to attorney's fees under 28 U.S.C. § 1447(c) despite not having substantiated the amount of fees requested.
3. Whether the court retained jurisdiction to resolve the attorney's-fee dispute after remanding the action.

Disposition

remanded