Crosby Tugs, L.L.C. v. Mobley

Filing 15

ORDER and REASONS - IT IS ORDERED that the defendant's motion to dismiss 12 is hereby GRANTED, and this case is hereby DISMISSED WITHOUT PREJUDICE, as stated within document. Signed by Judge Kurt D. Engelhardt on 1/23/2013. (cab) Modified on 1/23/2013 to edit document type (cab).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CROSBY TUGS, L.L.C.

CIVIL ACTION

VERSUS

NO. 12-0785

LARRY MOBLEY

SECTION “N”(1)
ORDER AND REASONS

Before the Court is defendant’s “Motion to Dismiss Complaint for Declaratory Judgment”
(Rec. Doc. 12). The plaintiff has filed a memorandum in opposition thereto (Rec. Doc. 14).
This Court’s earlier finding as to three of the Trejo factors (the first, fourth, and sixth)
rested explicitly on the fact that there was no state court claim pending. See Rec. Doc. 9 at pages
5, 9 and 10. Now that Larry Mobley has filed a Jones Act claim in state court (see Rec. Doc. 12-1),
the Court finds that the Trejo analysis, taken as a whole, weighs in favor of dismissing the
declaratory judgment action. Accordingly,
IT IS ORDERED that the defendant’s motion to dismiss (Rec. Doc. 12) is hereby
GRANTED, and this case is hereby DISMISSED WITHOUT PREJUDICE.
New Orleans, Louisiana, this 23rd day of January, 2013.

__________________________________
KURT D. ENGELHARDT
United States District Judge