Ariyan, Inc v. Sewerage & Water Board of New Orleans

Filing 24

ORDER and REASONS denying 10 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

ARIYAN, INC., d/b/a
DISCOUNT CORNER

CIVIL ACTION
NO. 16-2328

VERSUS
SECTION “N” (3)
SEWERAGE & WATER BOARD
OF NEW ORLEANS
ORDER & REASONS
Presently before the Court is Plaintiff's "Motion to Remand" (Rec. Doc. 10) and
"Motion to Sever" (Rec. Doc. 12). Having carefully considered the parties’ supporting and
opposing submissions, and the applicable law, IT IS ORDERED that the Motions are DENIED.

The issues raised here by Ariyan, Inc. ("Ariyan") in its 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.
Ariyan also moves the Court to sever its case from the other SELA drainage project
actions, all of which have been consolidated for discovery purposes only. Ariyan's primary
concern appears to be that consolidation will delay a final resolution of this matter.

However, that need not be so. Should Ariyan conclude discovery early, the Court will be
receptive of a motion to expedite the trial. A severance is unwarranted.

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

___________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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