Harrold v Liberty Insurance Underwriters, Inc., et al

Filing 16

RULING affirming and adopting the 9 Report and Recommendation of the U.S. Magistrate Judge. The Plaintiff's Randall Harrold's 5 Motion to Remand is GRANTED IN PART AND DENIED IN PART. Pursuant to 28 U.S.C. § 1441(c)(2), the Jones Act claims asserted against Weeks Marine, Inc. and Aerotek, Inc., are SEVERED and REMANDED to the 19th Judicial District Court of Baton Rouge, Louisiana. Certified copy of this order sent to 19th JDC. Signed by Judge James J. Brady on 2/19/2014. (LLH) (Main Document 16 replaced on 2/20/2014) (LLH).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
RANDALL HARROLD
CIVIL ACTION
VERSUS
NO. 13-762-JJB-SCR
LIBERTY INSURANCE
UNDERWRITERS, INC., ET AL.
RULING AFFIRMING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS
This matter is before the court on the Plaintiff Randall Harrold’s Motion (doc. 5) to
Remand. In his Report and Recommendations (doc. 9), the Magistrate Judge found that the
Motion to Remand should be denied, based primarily on the 2011 revisions to 28 U.S.C. § 1441.
Subsequently, the plaintiff filed an Objection (doc. 10) to the Report and Recommendations, to
which the defendant filed a memorandum (doc. 13) in support.
After reviewing the Report and Recommendations and the parties’ respective briefings on
the matter, the Plaintiff Randall Harrold’s Motion (doc. 5) to Remand is GRANTED IN PART
AND DENIED IN PART. The Court hereby AFFIRMS and ADOPTS the Magistrate Judge’s
Report and Recommendations (doc. 9). However, pursuant to 28 U.S.C. § 1441(c)(2), the Jones
Act claims asserted against Weeks Marine, Inc. and Aerotek, Inc., are SEVERED and
REMANDED to the 19th Judicial District Court of Baton Rouge, Louisiana.
Signed in Baton Rouge, Louisiana, on February 19, 2014.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

19th JDC