United States District Court, N.D. New York
AMENDED JUDGMENT IN A CIVIL CASE
by Court. This action came to a hearing before the
Court. The issues have been heard and a decision has been
ORDERED AND ADJUDGED
Defendant's motion to remand Case No. 1:16-CV-1113 to
state court and to dismiss Case No. 16-CV-1077 for lack of
subject matter jurisdiction, see Dkt. No. 11, is
GRANTED. The Court further ORDERS that Plaintiffs motion to
depose Arbitrator Phelan, see Dkt. No. 9, is DENIED
as moot. The Court further ORDERS that Defendant's motion
to confirm/modify its arbitration award, see Dkt.
No. 21, is DENIED as moot. The Court further ORDERS that
Defendant's motion for attorney's fees and costs
associated with its remand motion pursuant to 28 U.S.C.
§ 1447(c), see Dkt. No. 11, is GRANTED.
Court further ORDERS that, in accordance with 28 U.S.C.
§ 1447(c), Plaintiff shall pay Defendant $5, 017.50 in
attorney's fees for the work that Defendant's counsel
expended in conjunction with its motion to remand.
the above pursuant to the order of the Honorable Judge
Frederick J. Scullin, Jr. dated the 15th day of March, 2017,
and the 3rd day of May, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
notice of appeal may be filed by any party within 60 days
after entry of the judgment or order appealed from if one of
the parties is:
United States agency;
United States officer or employee sued in an official
current or former United States officer or employee sued in
an individual capacity for an act or omission occurring in
connection with duties performed on the United States'
behalf - including all instances in which the United States
represents that ...