Conner v. Kraemer Shows Oilfield Services L L C

Filing 32

MEMORANDUM ORDER re 4 First MOTION to Remand filed by Michael Conner, 22 Memorandum Ruling Regarding Motion to Remand, and 24 APPEAL OF MAGISTRATE JUDGE DECISION to District Judge re 23 Order on Motion to Remand filed by Exco Re sources Inc. The Memorandum Ruling (Doc 22 ) is VACATED, the Motion to Remand (Doc No 4 ) is DENIED, and the Appeal (Doc No 24 ) is TERMINATED AS MOOT. The court will set a scheduling conference in the near future to discuss a trial date and related deadlines. Signed by Magistrate Judge Mark L Hornsby on 10/04/12. (crt,Yocum, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

MICHAEL CONNER

CIVIL ACTION NO. 11-cv-2206

VERSUS

JUDGE HICKS

EXCO RESOURCES, INC.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Michael Conner (“Plaintiff”) was working for Kraemer-Shows Oilfield Services, LLC
(“KSOS”) at a DeSoto Parish oil and gas well when he slipped and fell down a metal
staircase, causing injuries to his left shoulder. Plaintiff filed suit in state court against
NoRam Drilling Company (the alleged manufacturer and custodian of the staircase), Exco
Resources, Inc. (the alleged custodian of the well and surrounding land), and KSOS (his
employer).
Plaintiff and defendant KSOS are both Louisiana citizens, but Defendants nonetheless
removed the case based on an assertion of diversity jurisdiction. Defendants urge in their
Notice of Removal that the citizenship of KSOS could be ignored because it was improperly
joined. They contend that under Louisiana’s worker’s compensation law precludes Plaintiff
from asserting a tort claim against KSOS.
Plaintiff filed a Motion to Remand (Doc. 4) in which he challenged the improper
joinder plea. The undersigned issued a Memorandum Ruling that granted the Motion to

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Remand, subject to a stay to permit any appeal to the district judge. Conner v. KraemerShows Oilfield Services, LLC,

F.Supp. 2d

, 2012 WL 2839452 (W.D. La. 2012).

Exco did appeal to the district judge. Plaintiff did not file a timely brief in connection with
the appeal. He did file a bare-bones motion to dismiss KSOS. The court issued an order
(Doc. 30) and asked Plaintiff to explain the circumstances surrounding the dismissal and his
view of what effect it has on the issue of improper joinder and the court’s subject-matter
jurisdiction.
Plaintiff filed a response. He explains that there were three legal proceedings related
to his accident: this lawsuit, a worker’s compensation claim, and a retaliatory discharge claim
pending in state court. During the appeal of the ruling on the Motion to Remand, Plaintiff
and the workers’ compensation insurer for KSOS negotiated a settlement to resolve all of the
issues between Plaintiff and KSOS, with the dismissal of the claim against KSOS in this case
one requirement of the settlement. The settlement was approved by the Office of Workers’
Compensation.
Plaintiff states that he can no longer make a good-faith argument that there is a lack
of diversity to support the removal, and he gives notice that his previous Motion to Remand
is withdrawn. Accordingly, the undersigned’s earlier Memorandum Ruling is vacated, the
Motion to Remand (Doc. 4) is denied, and the Appeal (Doc. 24) to the district judge is
terminated as moot. The court will set a scheduling conference in the near future to discuss
a trial date and related deadlines.

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THUS DONE AND SIGNED in Shreveport, Louisiana, this 4th day of October, 2012.

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