Genusa v. Asbestos Corporation Ltd., et al

Filing 90

RULING affirming and adopting 80 Report and Recommendation of the U.S. Magistrate Judge. The Court declines to exercise supplemental jurisdiction over the relevant claims pursuant to 28 USC 1367. The Court GRANTS the 9 Motion to Sever and Remand. The Court severs all of Plaintiff Louis Genusa's claims against the defendants, as well as Baton Rouge Marine Contractor, Inc.'s third-party claims against McKoin Trucking. Signed by Judge James J. Brady on 5/8/2014. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LOUIS GENUSA
CIVIL ACTION
VERSUS
NO. 13-794-JJB-RLB
ASBESTOS CORPORATION LIMITED,
ET AL.
RULING AFFIRMING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATIONS
This matter is before the court on the Plaintiff Louis Genusa’s Motion (doc. 9) to Sever
and Remand. In his Report and Recommendations (doc. 80), the Magistrate Judge found that the
motion to sever and remand should be granted, with this Court retaining jurisdiction over the
Defendant Baton Rouge Marine Contractors, Inc.’s claims against International Longshoreman’s
Association (“ILA”), AFL-CIO, South Atlantic & Gulf Coast District, ILA, AFL-CIO, and Local
3033, ILA, AFL-CIO. Subsequently, multiple objections were filed. (Docs. 82, 83, 85, 88).
After reviewing the Report and Recommendations and the parties’ respective briefings on
the matter, the Court hereby AFFIRMS and ADOPTS the Magistrate Judge’s Report and
Recommendations (doc. 80). Consistent with it, the Court declines to exercise supplemental
jurisdiction over the relevant claims pursuant to 28 U.S.C. § 1367(c). Accordingly, the Court
GRANTS the Plaintiff Louis Genusa’s Motion (doc. 9) to Sever and Remand. The Court
SEVERS all of Plaintiff Louis Genusa’s claims against the defendants, as well as Baton Rouge
Marine Contractors, Inc.’s third-party claims against McKoin Trucking. Furthermore, the Clerk
of Court’s office shall TERMINATE Documents 19, 20, 32, 38, 42, 43, and 52, as they are now
moot.

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Signed in Baton Rouge, Louisiana, on May 8, 2014.

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

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