Feingerts v. Bergeron et al

Filing 30

ORDER AND REASONS REMANDING CASE TO STATE COURT: ORDERED that the motion (Rec. Doc. 28) is GRANTED IN PART and DENIED IN PART. FURTHER ORDERED that a statementof costs conforming to Local Rule 54.3 shall be submitted by Defendant Crescent Title, L.L .C., within ten (10) days from entry of this order. Additionally, IT IS FINALLY ORDERED that this action be RE-OPENED and that REMANDED to the Civil District Court for the Parish of Orleans, State of Louisiana. Signed by Chief Judge Kurt D. Engelhardt. (Attachments: # 1 Transmittal Letter) (cml)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BRUCE L. FEINGERTS

CIVIL ACTION

VERSUS

NO. 15-1816

CRESCENT TITLE, LLC AND
ROBERT BERGERON

SECTION "N" (2)

ORDER AND REASONS
Having considered "Plaintiffs's Motion for Reconsideration of Motion to Dismiss for
Lack of Subject Matter Jurisdiction and Request for Order of Remand to State Court", IT IS
ORDERED that the motion (Rec. Doc. 28) is GRANTED IN PART and DENIED IN PART.
Specifically, the motion is granted relative to Plaintiff's request for reconsideration and vacatur of
the dismissal portion of the Court's June 27, 2016 (Rec. Doc. 27), and Plaintiff's request for remand
to state court, for essentially the reasons set forth in Plaintiff's submission (Rec. Docs. 28 and 28-1).
Although Plaintiff's former counsel's motion to withdraw provided Plaintiff's name and address to
the Court, it did not include the certification of service of notice to Plaintiff of pending deadlines that
Local Rule 83.2.11 also requires.1 See Rec. Doc. 22.

1

See Rule 83.2.11 of the Local Civil Rules for the United States District Court for the
Eastern District of Louisiana, which provides, in pertinent part:
The motion must be accompanied by a certificate of service,
including a statement that the client has been notified of all deadlines
and pending court appearances, served on both the client by certified
mail and opposing counsel, or an affidavit stating why service has not
been made.

Because there is no showing that Defendant Crescent Title, L.L.C, failed its service
obligations relative to its motion to dismiss,2 however, the Court will not set aside the portion of its
June 27, 2016 Order requiring Plaintiff to pay the costs, including reasonable attorneys' fees,
incurred by Defendant in responding to Plaintiff's motion. Thus, that aspect of Plaintiff's motion for
reconsideration is denied.
Accordingly, given the foregoing, IT IS FURTHER ORDERED that a statement
of costs conforming to Local Rule 54.3 shall be submitted by Defendant Crescent Title, L.L.C.,
within ten (10) days from entry of this order. Additionally, IT IS FINALLY ORDERED that this
action be RE-OPENED and that REMANDED to the Civil District Court for the Parish of Orleans,
State of Louisiana.
New Orleans, Louisiana, this 18th day of November 2016.

_________________________________
KURT D. ENGELHARDT
United States District Judge

2

The motion to dismiss was filed prior to the Court's order allowing Plaintiff's counsel
to withdraw. See Rec. Docs. 22, 25, and 26.