Deshotel et al v. Conoco Phillips Co et al

Filing 44

MEMORANDUM RULING - 43 MOTION for Leave to File Reply Memorandum in Further Support of Rule 72 Appeal with consent is GRANTED. After this Court's review of the issue presented, this Court concludes the ruling of the magistrate judge is corre ct and should be affirmed. Considering the foregoing, this Court concludes the finding of the magistrate judge that this court lacks subject-matter jurisdiction over this action should be AFFIRMED. Therefore, the plaintiffs' Motion to Remand [20 ] is GRANTED, this Court concluding it lacks subject matter jurisdiction over the instant action, as complete diversity does not exist, given the presence of the in-state defendants, whom this Court concludes were not improperly joined under the appl icable standard as argued by Hilcorp, and there being no other basis for jurisdiction found. Therefore, the Clerk of Court shall immediately REMAND this case to the 13th Judicial District Court for the Parish of Evangeline, Louisiana for lack of subject matter jurisdiction. As this Court lacks subject matter jurisdiction over the instant case, this Court declines to rule on Superior's 27 MOTION for Hearing Preliminary.. Signed by Judge Rebecca F Doherty on 5/14/13. (crt,Guidry, C)