Vetro, Inc. v. Active Plumbing and Heating, Inc.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

This case is before me on the Motion for Remand filed by Plaintiff, Vetro Inc., on September 8, 2005, after Defendant, Active Plumbing and Heating, Inc., filed a Notice of Removal with this court pursuant to 28 U.S.C. § 1446(a). After consideration of the motion and the responsive pleadings, as well as oral argument presented to me by counsel on December 13, 2005, I conclude this court lacks federal question and diversity jurisdiction and, therefore, I GRANT Plaintiffs motion to remand, but I DENY its request for an award of attorney fees and…