Oatis v. Retzer Group Inc et al

Filing 9

MEMORANDUM ORDER dismissing all claims against Retzer Resources Inc without prejudice. A scheduling conference will be held in due course. Signed by Magistrate Judge Mark L Hornsby on 9/15/2020. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
LINDA OATIS

CIVIL ACTION NO. 20-cv-1014

VERSUS

JUDGE ELIZABETH E. FOOTE

RETZER GROUP INC, ET AL

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Plaintiff, a citizen of Mississippi, filed this action in state court against three
defendants, Michael Retzer Jr., Retzer Resources, Inc., and The Retzer Group, Inc. The
defendants removed the case based on an assertion of diversity jurisdiction.

They

acknowledged that Plaintiff and Retzer Resources, Inc. are both Mississippi citizens, which
would destroy diversity, but the defendants assert that the citizenship of Retzer Resources,
Inc. should be ignored pursuant to the improper joinder doctrine.
The court issued a memorandum order (Doc. 4) that required Plaintiff, if she
contests the assertion that Retzer Resources, Inc. was improperly joined, to file a motion
to remand by September 7, 2020. The order stated that if Plaintiff did not timely file a
motion to remand and challenge the improper joinder plea, the court would consider
Plaintiff to concede the point, Retzer Resources, Inc. would be dismissed, and the case
would proceed toward a scheduling order.
The September 7 deadline has passed, and Plaintiff did not file a motion to remand.
The appropriate action when a defendant has been improperly joined is to dismiss all claims
against that defendant without prejudice. International Energy Ventures Mgmt., L.L.C. v.

United Energy Grp., Ltd., 818 F.3d 193, 210 (5th Cir. 2016). Accordingly, all claims
against Retzer Resources, Inc. are dismissed without prejudice. A scheduling conference
will be held in due course.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 15th day of September,
2020.

Page 2 of 2