Jalbert v. Leibold et al

Filing 42

JUDGMENT adopting 38 Report and Recommendations; denying 31 Motion to Dismiss; denying 33 Motion to Dismiss for Lack of Jurisdiction; denying 34 Motion to Dismiss for Failure to State a Claim; denying 35 Motion to Dismiss; denying as moot 41 Motion for Hearing; and granting 8 Motion to Remand. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/1/2019. (crt,Tice, Y)

law claims so the claim does not invoke "a substantive right created by federal bankruptcy
law or one which could not exist outside ofbankruptcy." In re Galaz, 765 F.3d 426, 431 (5 th
Cir.2014) (citation omitted). Third, this action was commenced in state court, and finally,
there is nothing to show the matter could not be timely adjudicated in state court.
For these reasons and those set forth in the Magistrate Judge's R eport and
Recommendation,
IT IS ORDERED that the Plaintiff's Motion to Remand (Doc. 8) is GRANTED and this
case is REMANDED to the 28 th Judicial District Court from whence it was originally removed.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss is DENIED based
upon the court's finding oflack ofjurisdiction and Defendant's Motion for Oral Argument (Doc.
41) is DENIED as MOOT.
SIGNED this

day ofFebruary 2019, at Alexandria, Louisiana.

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