Glazer Capital Management, LP et al v. Electronic Clearing House, Inc et al, No. 1:2009cv04207 - Document 30 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER,#98270 that the request for costs and fees pursuant to 28 § U.S.C. 1447(c) is denied. Because the Court finds that it lacks original jurisdiction over this action pursuant to either 28 U.S.C. §§ 1331 or 1332 and there fore that this action cannot properly be removed to federal court, plaintiffs' motion to remand the action to New York State Supreme Court, New York County, is granted, and plaintiffs' motion for fees and costs pursuant to 28 § U.S.C. 1447(c) is denied. (Signed by Judge Sidney H. Stein on 11/23/09) (pl) Modified on 11/24/2009 (pl). Modified on 11/30/2009 (eef).