Lejeune et al v. Conestoga-Rovers & Associates, Inc. et al

Filing 15

RULING Adopting 14 Report and Recommendation of the U.S. Magistrate Judge: The 10 Motion to Remand is DENIED. The Court also concludes that Plaintiffs are not entitled to costs, expenses, or attorney's fees. Signed by Chief Judge Brian A. Jackson on 8/27/2015. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

EUGENE A. LEJEUNE, ET AL.

CIVIL ACTION

VERSUS
CONESTOGA-ROVERS &
ASSOCIATES, INC.

NO.: 15-00396-BAJ-SCR

RULING AND ORDER
Before the Court is a Motion to Remand (Doc. 10), filed by Pla intiffs
E ugen e A. Lejue ne a nd Tar a Lejuene, seeking a n order from t his Court remanding
the above-captioned matter to the Eightee nt h Judicial District Court, P arish of
Iberville, State of Louisia na . Specifically, Plaintiffs a rgue th at complete diver sity of
citizenship does not exist to sustain thi Cour t's subject matter jurisdiction. a n d
th ey furt her contend that not a ll Defendants con sented to remova l. (Doc. 10-2 at pp.
3-5). In their mot ion, Plaintiffs also seek costs, expenses, and attorney's fees. (Doc.

10 at p. 3). Defenda nts Action Resources, Inc. and Conestoga-Rovers & Associa tes,
I nc. oppose P la int iffs' motion . (Docs. 12, 13).
The Magistrate J udge issued a Report a n d Recommendation , recommendin g
th at Plaint iffs' Motion to Re mand be denied, finding tha t complete diver sity of
citizen ship exists a nd rejecting Pla int iffs' argumen t regarding a lack of con sen t.
(See Doc. 14 at pp. 3-5). No objections were filed to t he lVIagistrate J udge's Report.

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Having carefully considered Plaintiffs' motion, Defendants' oppositions, a nd
the Magistrate Judge's Report, the Court APPROVES t he Magistrate Judge's

Report and Recommendation (Doc. 14), and ADOPTS the Report as the
Court's opinion herein.
For r easons explained in the Magistrate Judge's Report,

IT IS ORDERED that Plaintiffs Euge ne A. Lejuene a nd Tara Lejuene's
Motion to Remand (Doc. 10) is DENIED. The Court also concludes that
Plaintiffs are not entitled to costs, expenses, or attorney's fees.
Baton Rouge, Louisiana, t his

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21- day of Augu st, 2015.