Lowenburg et al v. Sewerage & Water Board of New Orleans

Filing 27

ORDER and REASONS denying 14 Motion to Remand to State Court, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 5/12/2016. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ANNE LOWENBURG, ET AL.

CIVIL ACTION

VERSUS

NO. 16-2326

SEWERAGE & WATER BOARD
OF NEW ORLEANS

SECTION “N” (3)

ORDER & REASONS
Presently before the Court is Plaintiffs' "Motion to Remand" (Rec. Doc. 14). Having
carefully considered the parties’ submissions, and the applicable law, IT IS ORDERED that the
Motion is DENIED.

The issues raised by Plaintiffs in their Motion to Remand were previously addressed
by this Court in Sewell v. Sewerage & Water Board of New Orleans, No. 15-3117. (See Rec.
Doc. 36). In that case, which involves the same SELA drainage project, the Court found that
B&K, as a government contractor, had properly removed the action pursuant to 28 U.S.C.
§ 1442(a). (Id. at p. 2-3). Here, on the showing made, the Court finds, again, that B&K's use
of the federal officer removal statute was appropriate.

New Orleans, Louisiana, this 12th day of May, 2016.

___________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE