Summary
The United States District Court for the Southern District of Illinois grants in part and denies in part Plaintiff Matthew Stottler’s motion to remand. The court holds that removal was untimely because the complaint made it readily ascertainable that the amount in controversy exceeded $75,000, but declines to award costs and attorney fees because Defendants had an objectively reasonable basis for removal.
Topics
Practice areas
Questions Presented
- Whether defendants' removal was timely under 28 U.S.C. § 1446(b) when the complaint itself alleged serious, permanent injuries and substantial damages exceeding $75,000.
- Whether plaintiff was entitled to costs and attorney fees under 28 U.S.C. § 1447(c) following remand.
Holdings
- Removal was untimely because the complaint itself made it readily ascertainable that the amount in controversy exceeded $75,000, thereby triggering the thirty-day removal period under § 1446(b)(1).
- Plaintiff was not entitled to costs and attorney fees because defendants had an objectively reasonable basis for removal.
Key quotations
“While the time limitation imposed by § 1446(b) is not jurisdictional, it is a strictly applied rule of procedure and untimeliness is a ground for remand so long as the timeliness defect has not been waived.” (2)
“In personal injury suits, “these statements should sound warning bells in defendants’ ears that significant damages are sought.”” (3)
“Absent unusual circumstances, courts may award attorney’s fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely, when an objectively reasonable basis exists, fees should be denied.” (4)
Factual background
The case arose from a rear-end motor vehicle collision in Carbondale, Illinois. Plaintiff alleged that a vehicle driven by Kennidy Green and owned by Trisha Mems collided with his stopped vehicle. His complaint alleged severe, serious, and permanent injuries, substantial medical and hospital expenses, lost earnings, pain and impairment, and property losses. The complaint asserted negligence against Green and negligent entrustment against Mems.
Procedural history
Plaintiff filed a negligence and negligent-entrustment action in the Circuit Court of the First Judicial Circuit, Jackson County, Illinois, on August 15, 2025. Defendants removed the action to the Southern District of Illinois on January 22, 2026, after receiving an Illinois Attorney General lien notice. Plaintiff moved to remand, and the district court granted the motion in part by remanding the case, but denied costs and fees.
Remand instructions
The action was remanded to the Circuit Court of the First Judicial Circuit, Jackson County, Illinois, pursuant to 28 U.S.C. § 1447(c). The court denied plaintiff's request for costs and attorney fees.