United States District Court, D. Nevada
C. MAHAN, UNITED STATES DISTRICT JUDGE
before the court is plaintiff 1st One Hundred Investment
Pool, LLC's motion for attorney's fees. (ECF No. 41).
Defendant Bank of New York Mellon Trust Company
(“BNYM” or “defendant”) filed a
response (ECF No. 42), and plaintiff filed a reply (ECF No.
March 28, 2017, plaintiff filed a complaint in state court.
On May 2, 2017, defendant BNYM filed a petition for removal.
(ECF No. 1 at 23). On May 26, 2017, plaintiff filed a motion
to remand to state court. (ECF No. 6). On June 21, 2017,
defendant Nevada filed a motion to remand to state court on
the basis of lack of unanimity. (ECF No. 26). On July 13,
2017, this court granted Nevada's motion to remand. (ECF
17, 2017, defendant BNYM filed a motion to reconsider. (ECF
No. 36). On August 30, 2017, the court denied BNYM's
motion. (ECF No. 40). Plaintiff now moves for attorney's
fees and costs incurred as a result of defendant BNYM's
improper removal. (ECF No. 41).
Rule of Civil Procedure 54(d)(2) allows a party to file a
motion for attorney's fees if it: (1) is filed within 14
days after judgment is entered; (2) identifies the legal
basis for the award; and (3) indicates the amount requested
or an estimate thereof. Moreover, “[a] federal court
sitting in diversity applies the law of the forum state
regarding an award of attorneys' fees.” Kona
Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 883
(9th Cir. 2000). A Nevada trial court “may not award
attorney fees absent authority under a statute, rule, or
contract.” Albios v. Horizon Communities,
Inc., 132 P.3d 1022, 1028 (Nev. 2006).
Brunzell, the Nevada Supreme Court articulated four
factors for a court to apply when assessing requests for
(1) the qualities of the advocate: his ability, his training,
education, experience, professional standing and skill; (2)
the character of the work to be done: its difficulty, its
intricacy, its importance, time and skill required, the
responsibility imposed and the prominence and character of
the parties where they affect the importance of the
litigation; (3) the work actually performed by the lawyer:
the skill, time and attention given to the work; (4) the
result: whether the attorney was successful and what benefits
455 P.2d at 33. The trial court may exercise its discretion
when determining the value of legal services in a case.
Id. at 33-34.
a trial court applying Nevada law must utilize
Bruzell to assess the merits of a request for
attorney's fees, yet that court is not required to make
findings on each factor. Logan v. Abe, 350 P.3d
1139, 1143 (Nev. 2015). “Instead, the district court
need only demonstrate that it considered the required
factors, and the award must be supported by substantial
evidence.” Id. (citing Uniroyal Goodrich
Tire Co. v. Mercer, 890 P.2d 785, 789 (Nev. 1995),
superseded by statute on other grounds as discussed in
RTTC Commc'ns, LLC v. Saratoga Flier, Inc., 110 P.3d
24, 29 n.20 (Nev. 2005)).
motion argues that because this court remanded the case to
state court plaintiff is entitled to just costs and actual
expenses incurred as a result of removal. (ECF No. 41).
Whether defendant is entitled ...