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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 />