2002 U.S. Dist. i FXfS 15217,
<br />the subject tract and all improvements. The value of the
<br />tract and fertilizer plant clearly exceeds the jurisdictional
<br />minimum of $ 75,000. Accordingly, the amount in
<br />controversy requirement is satisfied" This conciusory
<br />allegation is insufficient to establish jurisdiction.
<br />Honeycutt, 989 F. Supp. at 1377.
<br />Odrerwise, Defendant's notice of removal contains only
<br />two ambiguous references to monetary amounts. First,
<br />Defendant states that it acquired the Boos Brothers'
<br />interest in the Missouri River tract, as well as other
<br />property rights of the Boos Brothers, in 1977 for $
<br />300,000. Defendant fails, however, to outline how much
<br />of the $ 300,000 was allocated toward the Missouri River
<br />tract itself as opposed to the outer unnamed property
<br />rights or, for that matter, what the other unnamed
<br />property rights were. Second, Defendant ~*10] asserts
<br />that it has paid all taxes on the Missouri River tract for
<br />the past twenty-five years, but, again, Defendant fails to
<br />provide the court with any specific accounting of the
<br />amount of taxes paid. Defendant's ambiguous assertions
<br />fail to establish by a preponderance of the evidence that
<br />[he value of the Missouri River tract exceeds $ 75,000.
<br />The coon notes that it has reviewed the additional
<br />materials submitted by Defendant in connection widt its
<br />opposition to Plaintiffs motion to remand. As noted,
<br />however, the court cannot rely on any of the facts
<br />advanced by Defendant in its opposition if those facts
<br />were not previously raised in the notice of removal itself.
<br />Laughlin, SO F.3d at 873; see also Coca-Cola Bottling
<br />of Emporia, lne. v. South Beach Beverage Co., 198 F.
<br />Supp. 1d 1280, 1183 (D. Kan. 2001) [IiN4] ("The
<br />additional assertions and facts proffered in [Defendant's]
<br />later filed response to [Plaintiffs] action to remand are
<br />untimely; [Defendant] should have addressed the
<br />underlying facts and should have attached any supporting
<br />affidavits to its Notice of Removal,").
<br />In sum, the court concludes that Defendant has failed to
<br />carry [*11] its burden of advancing sufficient underlying
<br />facts in its notice of removal to establish by a
<br />preponderance of the evidence that the value of the
<br />Missouri River tract exceeds $ 75,000. Accordingly, the
<br />court remands this case to the District Court of Atchison
<br />County, Kansas foi further proceedings.
<br />B. Eleventh Amendment Immunity
<br />Page 4
<br />Plaintiff requires joinder of a party, the State of Kansas,
<br />over which the court cannot acquire jurisdiction pursuant
<br />to the Eleventh Amendment of the United States
<br />Constitution. Given the court's conclusion that remand is
<br />already appropriate due to Defendant's failure to
<br />establish the jurisdictional minimum amount in
<br />controversy, the court need not address this argument
<br />C. Attorney Fees and Costs
<br />Finally, Plaintiff requests that the court awazd it the costs
<br />and attorney fees it expended in moving to remand this
<br />action to state court. [IIIdS] 28 U.S.C. § 1447(c)
<br />peanits the court to awazd "just costs and any actual
<br />expenses, including attorney fees, incurred as a result of
<br />the removal." As noted, Defendant failed to abide [*12]
<br />by the removal requirements imposed by Laughlin, a
<br />case which has been the law of the Tenth Circuit since
<br />1995. As a result, the court determines that payment of
<br />Plaintiffs just costs and actual expenses, including
<br />attorney fees, intoned as a result of removal is
<br />appropriate in this case.
<br />IT IS, THEREFORE, BY THE COURT ORDERED that
<br />Plaintiffs rrtotion to remand (Doc. 8) is granted. The case
<br />is remanded to the District Court of Atchison County,
<br />Kansas.
<br />IT IS FURTHER ORDERED that pursuant to 28 U.S.C.
<br />§ 1447(c), Defendant is ordered m pay the just costs and
<br />actual expenses, including attorney fees, that Plaintiff has
<br />incurred as a result of removal. Plaintiff shall file a Bill
<br />of Costs pursuant to D. Kan. Rule 54.1. Plaintiff must
<br />claim attorney fees incurred as a result of removal in
<br />accordance with D. Kan. Rule 54.2.
<br />The case is closed.
<br />Copies of this order shall be transmitted to wunsel of
<br />record for the parties.
<br />IT IS SO ORDERED.
<br />Dated at Kansas City, Kansas, this 14th day of August,
<br />2002.
<br />G. Thomas VanBebber
<br />United Stasis Senior District Judge
<br />Plaintiff also contends that remand is appropriate
<br />because one of Defendant's counterclaims against
<br />
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