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. § 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