Gatti, Sr. et al v. The State of Louisiana through The Department of Conservation et al

Filing 106

ORDER terminating 105 Motion to Stay for lack of subject matter jurisdiction. Signed by Judge James J. Brady on 5/23/2011. (CMM)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ROBERT H. GATTI, SR, ET AL CIVIL ACTION VERSUS NO. 10-329-JJB-DLD THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF CONSERVATION, ET AL ORDER On May 12, 2011, this action was remanded to the 19th Judicial District Court, Parish of East Baton Rouge, State of Louisiana (doc. 104). On May 20, 2011, a motion was filed to stay the remand and all other action pending an appeal of the decision to remand (doc. 105) However, this court was divested of subject matter jurisdiction over the action on May 12, 2011, when the district clerk sent a certified copy of the remand order to the state court. See e.g., Arnold v. Garlock, Inc., 278 F.3d 426 (5th Cir. 2001) (stating that “[o]nce the remand order is certified and mailed, however, the matter remanded is removed from federal jurisdiction”). Accordingly, IT IS HEREBY ORDERED that the motion to stay (doc. 104) be terminated for lack of subject matter jurisdiction. Baton Rouge, Louisiana, May 23, 2011. ___________________________ JAMES J. BRADY UNITED STATES DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA

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?