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BCI Construction, Inc. v. 797 Broadway Group, LLC

United States District Court, N.D. New York

May 3, 2017

BCI CONSTRUCTION, INC., Plaintiff,
v.
797 BROADWAY GROUP, LLC, Defendant. 797 BROADWAY GROUP, LLC, Plaintiff,
v.
BCI CONSTRUCTION, INC., Defendant.

AMENDED JUDGMENT IN A CIVIL CASE

         Decision by Court. This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That 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.

         The 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.

         All of 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.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In 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.

         (B) The 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:

         (i) the United States;

         (ii) a United States agency;

         (iii) a United States officer or employee sued in an official capacity; or

         (iv) a 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 ...


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