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)
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
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