Falcon Drilling LLC v. Omni Energy Group LLC

• Court: District Court, S.D. Ohio
• Decided: February 15, 2022
• Docket: 2:21-cv-04316
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

FALCON DRILLING LLC,

Plaintiff, Case No. 2:21-cv-4316 v. JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson

OMNI ENERGY GROUP LLC, et al.,

Defendant.

ORDER This matter is before the Court for consideration of (1) the Report and Recommendation issued by the Magistrate Judge on October 28, 2021 (the “First Report”), (ECF No. 17), and (2) the Report and Recommendation issued by the Magistrate Judge on November 30, 2021 (the “Second Report”). (ECF No. 20.) Neither party objected to the First or Second Report in the timeframe provided by 28 U.S.C. § 636(b)(1). The Court agrees that (1) remand of this case under the “forum defendant” rule is proper; and (2) pursuant to 28 USC § 1447(c), Plaintiff should be awarded “just costs and … actual expenses, including attorney fees, incurred as a result of the removal.” (See ECF No. 17.) Thus, it ADOPTS those findings. (See ECF No. 17.) The Court also believes that, before fully ruling on Plaintiff’s § 1447(c) fee request, further mediation is appropriate. To that end, the Court ORDERS as follows: 1. The Court, notwithstanding its remand of this case, shall maintain limited jurisdiction to rule on the parties’ § 1447(c) fee dispute. See Stallworth v. Greater Cleveland Reg’l Transit Auth., 105 F.3d 252, 257 (6th Cir. 1997) (holding that “a district court, after issuing an order of remand, may make an award of attorney fees and costs in a separate order”). 2. The parties shall engage in one mediation session to resolve the specific amount of attorney’s fees and costs that shall be awarded to Plaintiff pursuant to § 1477(c). 3. The Court DESIGNATES Attorney Charles Bean of St. Clairsville, Ohio to lead said mediation. 4. The parties shall contact Attorney Bean within FIVE DAYS of the date that this Order is issued so that an agreeable mediation date can be ascertained. 5. The parties shall file a report on the status of their fee dispute within SEVEN DAYS of their mediation session. The report shall include a short statement of whether the parties were able to come to an agreement during mediation, and, if so, the agreed-upon fee amount. If the parties cannot come to an agreement, they shall include a short statement of their final fee positions, which shall not exceed one paragraph. No further briefing on the matter will be permitted. Accordingly, the Court GRANTS IN PART Plaintiff’s Motion to Remand and RESERVES JUDGMENT on the parties’ § 1447(c) fee dispute. (ECF No. 10.) The Clerk is DIRECTED to remand this case to the Belmont County Court of Common Pleas and close it on the docket of this Court. IT IS SO ORDERED.

2/15/2022 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE