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FSM DEVELOPMENT BANK v. ARTHUR

Case No. 11-CV-05494-LHK.

FSM DEVELOPMENT BANK a/k/a FEDERATED STATES OF MICRONESIA DEVELOPMENT BANK, Plaintiffs, v. ROBERT ARTHUR and PATRICIA ARTHUR, Defendants. ROBERT ARTHUR and PATRICIA ARTHUR, Cross-Complainants, v. FSM DEVELOPMENT BANK; and GOVERNMENT OF THE STATE OF POHNPEI, FEDERATED STATES OF MICRONESIA; and Roes 1-50 Inclusive, Cross-Defendants. AHPW, INC., Complainant-in-Intervention, v. FSM DEVELOPMENT BANK; and GOVERNMENT OF THE STATE OF POHNPEI, FEDERATED STATES OF MICRONESIA; and Roes 1-50 Inclusive, Cross-Defendants.

United States District Court, N.D. California, San Jose Division.

April 25, 2012.

Attorney(s) appearing for the Case

FSM Development Bank, also known as Federated States of Micronesia Development Bank, Plaintiff, represented by Kathryn S. Diemer , Diemer Whitman & Cardosi, LLP & Robert Charles Diemer, , Davidovitz and Bennett LLP.

Robert Arthur, Defendant, represented by Michael Alex Mazzocone , Michael A. Mazzocone, Attorney at Law & Carol Anne Jasinski , Carol Jasinski, Attorney at Law.

Patricia Arthur, Defendant, represented by Michael Alex Mazzocone , Michael A. Mazzocone, Attorney at Law & Carol Anne Jasinski , Carol Jasinski, Attorney at Law.

Robert Arthur, Cross-claimant, represented by Michael Alex Mazzocone , Michael A. Mazzocone, Attorney at Law & Carol Anne Jasinski , Carol Jasinski, Attorney at Law.

Patricia Arthur, Cross-claimant, represented by Michael Alex Mazzocone , Michael A. Mazzocone, Attorney at Law & Carol Anne Jasinski , Carol Jasinski, Attorney at Law.

FSM Development Bank, Cross-defendant, represented by Kathryn S. Diemer , Diemer Whitman & Cardosi, LLP.

Government of the State of Pohnpei, Federated States of Micronesia, Cross-defendant, represented by Edward Mevi , Edward Mevi, Law Office.

FSM Development Bank, Cross-defendant, represented by Kathryn S. Diemer , Diemer Whitman & Cardosi, LLP.

Government of the State of Pohnpei, Federated States of Micronesia, Cross-defendant, represented by Edward Mevi , Edward Mevi, Law Office.

ORDER REMANDING CASE TO STATE COURT; DENYING PAYMENT OF ATTORNEYS' FEES AND COSTS

LUCY H. KOH, District Judge.

Before the Court is Defendants and Cross-Complainants Robert and Patricia Arthur's ("the Arthurs") and Complainant-in-Intervention AHPW, Inc.'s ("AHPW") motion to remand the instant action to state court and request for an award of costs and fees resulting from improper removal. See Mem. of P. & A. Supp'g. Pls.' Notice of Mot. for Order...

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