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ND. DEPT. OF HUMAN SER. v. CENTER FOR SPECIAL NEEDS

Case No. 1:09-CV-077.

759 F.Supp.2d 1125 (2011)

NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, State of North Dakota ex rel. Executive Director acting by & through Carol K. Olson, Plaintiff, v. CENTER FOR SPECIAL NEEDS TRUST ADMINISTRATION, INC. and Damian J. Huettl, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

January 6, 2011.

Attorney(s) appearing for the Case

Blaine L. Nordwall , Nordwall Law Office, Bismarck, ND, for Plaintiff.

Gregory C. Larson , Larson Latham Huettl, LLP, BISMARCK, ND, Rene H. Reixach , Woods Oviatt Gilman LLP, Rochester, NY, Richard F. Meyer , Browning Meyer & Ball Co., LPA, Worthington, OH, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTION TO REMAND AND DENYING MOTION FOR FEES AND COSTS

DANIEL L. HOVLAND, District Judge.

Before the Court is the Plaintiffs "Motion for Remand and for Award of Fees and Costs Under 28 U.S.C. § 1447(c)" filed on December 24, 2009. See Docket No. 8. On January 7, 2010, the Defendants filed separate responses in opposition to the motion. See Docket Nos. 11 and 12. The Plaintiff filed a reply brief on January 12,

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