United States District Court, D. Minnesota
Matthew J. Schaap, Esq., Annette M. Margarit, Esq., and Robert B. Bauer, Esq., Dougherty, Molenda, Solfest, Hills & Bauer PA, Apple Valley, MN, on behalf of Plaintiff.
Jodi L. Johnson, Esq., and Margaret E. Dalton, Esq., Stoel Rives LLP, Minneapolis, MN, on behalf of Defendant.
MEMORANDUM OPINION AND ORDER
ANN D. MONTGOMERY, District Judge.
On July 18, 2014, the undersigned United States District Judge heard oral argument on Defendant Total Automotive, Inc.'s ("Total Automotive") Motion for Costs and Fees and for Remand [Docket No. 13]. Plaintiff Aireal Nicole Icenhower opposes the motion for fees but does not oppose remand. For the reasons stated herein, Total Automotive's motion is granted in part, and this case is remanded.
On or about April 24, 2014, Icenhower served the original Complaint in this action on Total Automotive, which initiated this litigation in Dakota County District Court. Not. of Removal [Docket No. 1] Ex. 1 (Complaint). In the Complaint, Icenhower alleged claims for: (1) disability discrimination under the Minnesota Human Rights Act (MHRA); (2) a failure to accommodate in violation of the Americans with Disabilities Act (ADA); (3) wrongful termination in violation of Minnesota statute; (4) and failure to pay commissions in violation of Minnesota statute. Id.
On May 13, 2014, Total Automotive removed this case to federal court, and began preparing to move to dismiss. As required by Local Rule 7.1, Total Automotive's counsel conferred with Icenhower's counsel about the merits of the Complaint. Icenhower refused to withdraw the Complaint. See Margaret E. Dalton Aff. [Docket No. 9]. On May 20, 2014, Total Automotive filed its motion to dismiss. Total Automotive argued in part that Icenhower had not administratively exhausted her ADA claim, and that the claim was now time-barred. See Mem. Supp. Mot. Dismiss [Docket No. 8].
Shortly thereafter, on June 4, 2014, Icenhower filed an Amended Complaint [Docket No. 12], which restated the allegations of the original complaint word-for-word, except that Icenhower no longer alleged a claim for violation of the ADA.
On June 10, 2014, the parties conferred about remanding the case to state court. Icenhower agreed with Total Automotive that federal jurisdiction no longer existed after the removal of the ADA claim, but the parties disagreed about whether Icenhower should be responsible for the attorney's fees Total Automotive incurred in connection with the motion to remand. See Matthew J. Schaap Decl. [Docket No. 20]. Total Automotive then filed the present motion.
A. Motion to Remand
The parties agree that the elision of Icenhower's ADA claim destroyed federal jurisdiction. Because no other basis for federal jurisdiction exists, ...