Saterstad v. Stover
Saterstad v. Stover
Opinion of the Court
OPINION
This is an appeal from the district court’s denial of Edward Saterstad’s motion seeking payment of expenses incurred as a result of defendants’ removal of the action to federal court. For the following reasons, we will summarily affirm. See I.O.P. 10.6.
Appellant Edward Saterstad filed a claim against Kevin Stover, Kelly Stover (collectively, “the Stovers”), Henry Klugh and Mark Amway in the Pennsylvania Court of Common Pleas for Dauphin County. Appellant’s state court action alleged violations of the Federal Racketeering Influenced and Corrupt Organizations statute (“RICO”), 18 U.S.C. §§ 1961-1968. Pursuant to 28 U.S.C. § 1441(b), Kevin and Kelly Stover removed the action to the United States District Court for the Middle District of Pennsylvania. On December 22, 2006, the District Court determined that the removal was procedurally defective and remanded the case to state court. Appellant then moved pursuant to 28 U.S.C. § 1447
In sum, because Saterstad’s appeal presents us with no substantial question, see I.O.P. 106, we will summarily affirm.
. 28 U.S.C. § 1447 governs procedure after removal and states in pertinent part: (c) ... An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal....
. The District Court remanded the action because the Stovers failed to join Henry Klugh in the removal petition, thus violating the procedural rule that requires all defendants to join in a removal petition. See Memorandum and Order at 3-4, December 22, 2006 (holding that it was insufficient to note only that Klugh assented). The court noted that while removal was appropriate the procedural violation did not deprive the court of jurisdiction. Id.
Reference
- Full Case Name
- Edward SATERSTAD v. Kevin STOVER Kelly Stover Henry Klugh Mark Amway
- Cited By
- 3 cases
- Status
- Published