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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN CZARNECKI, Plaintiff, v. HAWTHORN MANUFACTURING CORPORATION, et al., Defendants. : : : : : : : : : : CIVIL ACTION NO. 08-5558

ORDER AND NOW, this 16th day of January, 2009, it is hereby ORDERED as follows: 1. Plaintiff's Motion for Remand (Doc. No. 8) is GRANTED. The abovecaptioned matter is REMANDED to the Court of Common Pleas of Berks County, Pennsylvania. 2. Plaintiff's Motion to Require Payment of Just Costs, Actual Expenses and Attorney's Fees Incurred as a Result of Improper Removal (Doc. No. 11) is GRANTED IN PART and DENIED IN PART, as set forth in the accompanying memorandum. 3. Plaintiff's Motion to Assess Costs Associated with Preparation of Motion to Require Payment of Just Costs, Actual Expenses and Attorney's Fees as a Result of Improper Removal (Doc. No. 15) is GRANTED IN PART and DENIED IN PART, as set forth in the accompanying memorandum. 4. The court having determined that Defendant Hamburg Holdings Limited Enterprises, LLC ("Hamburg") should reimburse Plaintiffs for actual costs and expenses, including reasonable attorneys fees, incurred as a result of

Hamburg's improper removal of this action, Hamburg shall, within fourteen (14) days of the date of this Order, pay to Plaintiffs the sum of $4,700.

BY THE COURT:

S/ C. Darnell Jones II J.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN CZARNECKI, Plaintiff, v. HAWTHORN MANUFACTURING CORPORATION, et al., Defendants. : : : : : : : : : : CIVIL ACTION NO. 08-5558

MEMORANDUM Jones, J. January 16, 2009

Presently before the court are Plaintiff's Motion to Remand his case to state court (Doc. No. 8), Plaintiff's Motion for Fees due to Defendant Hamburg's alleged improper removal (Doc. No. 11), and Plaintiff's Motion for Fees for the Preparation of his Motion for Fees and Reply Brief (Doc. No. 15). Procedural History On October 24, 2008, Plaintiff John J. Czarnecki filed a Class Action Complaint, on behalf of himself and all others similarly situated, in the Berks County Court of Common Pleas against Defendants Hawthorn Manufacturing Corporation ("Hawthorn"); Hamburg Holdings Limited Enterprises, LLC ("Hamburg"); Patrick James; and Jay L. Schabel. Plaintiff's claim is pursuant to the Pennsylvania Wage Payment and Collection Law ("Pennsylvania WPCL"), 43 P.S.

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