Dawne Baddie Patricia L. Smith v. Berkeley Farms, Inc. Doug Sheehan Gilbert Rodriguez, Beverly Bazemore

WIGGINS, Circuit Judge:

OVERVIEW

This ease considers whether 28 U.S.C. § 1447(c) authorized the district court to award defendants their fees incurred between removal and remand, where both removal and the subsequent remand were proper.

Section 1447(e) authorizes the district court when remanding a ease to award costs and fees incurred as a result of the removal. Shortly after this action was properly removed to federal court on the basis of federal subject matter jurisdiction, plaintiffs dismissed all federal claims and secured a remand. In its order of remand, the district court found that…