Perritt et al v. Westlake Vinyls Co., LP et al

Filing 79

ORDER: re civil action 13-269, defendants Westlake Chemical Corporation and Westlake Vinyls Company, LP and plaintiff Freddie Jackson shall submit briefs or other appropriate filings no later than 6/5/2014, addressing whether the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a) is satisfied for this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 5/14/2014. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BLAKE PERRITT, ET AL.

CIVIL ACTION

VERSUS

NO.: 12-253-BAJ-RLB

WESTLAKE VINYLS COMPANY, LP,
ET AL.

CONSOLIDATED CASES

THIS DOCUMENT PERTAINS TO:
FREDDIE JACKSON

CIVIL ACTION

VERSUS

NO.: 13-269-BAJ-RLB

WESTLAKE VINYLS COMPANY, LP,
ET AL.
ORDER
This matter is before the Court sua sponte. On April 30, 2013, the defendants filed a
Notice of Removal, asserting that the court has diversity jurisdiction over this action based upon
28 U.S.C. § 1332. On May 28, 2013, this action was consolidated with the following other
actions involving claims for personal and property injuries arising from the March 22, 2012
explosion of the defendants’ facility in Geismar, Louisiana.
•
•

Goings v. Westlake Vinyls Company, LP, No. 13-cv-209-BAJ-RLB 1

•

Martin v. Westlake Vinyls Company, LP, No. 13-cv-253-BAJ-RLB

•

Andrews v. Westlake Vinyls Company, LP, No. 13-cv-254-BAJ-RLB 2

•
2

Hollins v. Westlake Vinyls Company, LP, No. 12-cv-254-BAJ-RLB

•

1

Perritt v. Westlake Vinyls Company, LP, No. 12-cv-253-BAJ-RLB

Harden v. Westlake Vinyls Company, LP, No. 13-cv-268-BAJ-RLB

The plaintiffs have filed a motion to remand, which is now pending before the court. (R. Doc. 77).
The plaintiffs have filed a motion to remand, which is now pending before the court. (R. Doc. 78).

•

Jones v. Westlake Vinyls Company, LP, No. 13-cv-270-BAJ-RLB 3

(R. Doc. 20). The plaintiffs in the Perritt, Hollins, Martin, and Harden actions filed motions to
remand for lack of subject matter jurisdiction. The district judge granted these motions,
concluding that the amount in controversy requirement for diversity jurisdiction under 28 U.S.C.
§ 1332(a) was not satisfied. (R. Docs. 60, 74, and 76). On appeal, the United States Fifth Circuit
Court of Appeals affirmed the district judge’s ruling remanding the Perritt and Hollins actions.
See Perritt v. Westlake Vinyls Company, LP, No. 14-30145, 2014 WL 1410256 (5th Cir. Apr. 14,
2014).
In light of the district judge’s rulings remanding the Perritt, Hollins, Martin, and Harden
actions,
IT IS ORDERED that defendants Westlake Chemical Corporation and Westlake Vinyls
Company, LP and plaintiff Freddie Jackson shall submit briefs or other appropriate filings no
later than June 5, 2014, addressing whether the amount in controversy requirement for diversity
jurisdiction under 28 U.S.C. § 1332(a) is satisfied for this matter.
Signed in Baton Rouge, Louisiana, on May 14, 2014.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

3

This matter was dismissed for failure to prosecute. (R. Doc. 72).

2