Trahan v. Encore Food Services, LLC et al
Filing
9
ORDER granting 6 Motion to Remand. Signed by Chief Judge Sarah S. Vance on 11/8/13. (Attachments: # 1 Remand Letter) (jjs, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NORMAN PAUL TRAHAN
CIVIL ACTION
VERSUS
NO: 13-6036
ENCORE FOOD SERVICES, LLC, et al.
SECTION: R(2)
ORDER AND REASONS
Before the Court is the defendants' motion to remand.1 For
the following reasons, the motion is GRANTED.
Plaintiff Norman Trahan filed this action in Louisiana state
court against defendants Encore Food Services, LLC, Abdon Callais
Offshore, LLC, Chevron Environmental Management Company, Inc.,
Chris Rhine, Matthew Talley, Richard Gray, Shannon Willis, Ron
Holman, Brody Thibodeaux and John Breaux, Jr.2 Subsequently, he
removed the suit to this Court.3 The defendants move to remand.4
Trahan has filed no opposition to the defendants' motion.
Trahan's notice of removal was improper. Only defendants may
remove suits from state to federal court. See Chicago, R.I. &
P.R. Co. v. Stude, 346 U.S. 574, 580 (1954); 28 U.S.C. ยง 1441(a)
("any civil action brought in a State court of which the district
1
R. Doc. 6.
2
R. Doc. 1-5.
3
R. Doc. 1.
4
R. Doc. 6.
courts of the United States have original jurisdiction, may be
removed by the defendant or the defendants, to the district court
of the United States")(emphasis added). Because Trahan is the
plaintiff in this action, he was not permitted to remove the suit
to this Court.
Accordingly,
IT IS ORDERED that the defendants' motion to remand is
GRANTED.
New Orleans, Louisiana, this ______ day of November, 2013.
8th
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?