C.S. Gaidry, Inc. et al v. Union Oil Company of California et al

Filing 42

ORDER denying pla's 31 Motion for Reconsideration and Alternative Motion to Certify an Interlocutory Order as set forth herein. Signed by Chief Judge Sarah S. Vance on 10/16/09. (rll, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA C.S. GAIDRY, INC., ET AL. VERSUS UNION OIL CO. OF CAL., ET AL. ORDER AND REASONS Before the Court is plaintiffs' Motion for Reconsideration and Alternative Motion to Certify an Interlocutory Order (R. Doc. 31). Plaintiffs present an intricate argument that the Fifth CIVIL ACTION NO: 09-2762 SECTION: R

Circuit's decision in Kling Realty Co., Inc. v. Chevron USA, Inc., 575 F.3d 510 (5th Cir. 2009), was incorrectly decided and should not be followed. Whatever the merits of this argument may

be, this Court does not sit in review of the Fifth Circuit's decisions. Plaintiffs' request is therefore rejected.

Plaintiffs also urge reconsideration of the Court's determination that abstention under Burford v. Sun Oil Co., 319 U.S. 315 (1943), is not warranted in this case. This argument is (See

rejected for the reasons set forth in the original Order. R. Doc. 29.)

Finally, plaintiffs move the Court to certify the Order for immediate interlocutory appeal under 28 U.S.C. § 1292(b). provision allows a district judge to certify an order for immediate appeal when it "involves a controlling question of law This

as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." The

plaintiffs' disagreement with Kling and with the Court's previous Order does not satisfy this standard. DENIED in full. Their motion is therefore

New Orleans, Louisiana, this

16th

day of October, 2009.

SARAH S. VANCE UNITED STATES DISTRICT JUDGE