Southwest Rice Mill Co et al v. Acadiana Railway Co et al

Filing 27

RULING: Before the Court is a 12 Motion to Remand to State Court by Southwest Rice Mill Co Inc and Frederick Marque De La Houssaye. Union Pacific Railroad Co argues it is facially apparent that the amount in controversy exceeds $75k in value and the parties are completely diverse, once you exclude the citizenship of all improperly joined parties. Plaintiffs contend the amount in controversy does not, on the face of the pleadings, exceed $75k and that all of the defendants are prop erly joined. Dispite the arguments and evidence set forth by Union Pacific, this Court can not conclude with certainty that the plaintiffs have no chance of recovery against the non-diverse defendants or no reasonable basis for recovery. Given the a llegations set forth in the petition, and considering the arguments set forth by all parties, this Court finds the parties are properly named and there is no fraudulent joinder. Further, the Court does not find from the face of the pleadings that the case carries a value of $75k or more. Consequently, this matter is REMANDED to the 15th JDC, Parish of Acadia, for further proceedings. Signed by Judge Richard T Haik, Sr on 3/17/2014. (crt,Putch, A)