EnviroCap L L C v. Continental Casualty Co Inc et al

Filing 69

MEMORANDUM ORDER re 22 Amended Complaint and 42 MOTION to Dismiss For Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction. IT IS ORDERED this case is hereby REFERRED to the United States Bankruptcy Court. IT IS FURTHER ORDERED that this Order is STAYED for ten (10) days from the date hereof to allow the parties to appeal to Judge Doherty. If no party appeals this ruling, this order becomes immediately executory on the 11th day following the signing of this order. The und ersigned PRETERMITS ruling on the Motion to Dismiss Plaintiff's Amended Complaint filed by defendant, Brown & Brown of Louisiana, LLC [rec. doc. 42], reserving defendants right to reurge the motion before the Bankruptcy Court. Signed by Magistrate Judge C Michael Hill on 6/25/2013. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
ENVIROCAP L L C

*

CIVIL ACTION NO. 13-0133

VS.

*

JUDGE DOHERTY

CONTINENTAL CASUALTY CO. INC.,*
ET AL

MAGISTRATE JUDGE HILL

MEMORANDUM ORDER
The Motion to Dismiss for Failure to State a Claim [record Doc. 42] was heard
on June 19, 2013. In the amended complaint filed by plaintiffs [record Doc. 22], the
plaintiffs asserted that jurisdiction in this Court was proper because this case is
“related to” a case pending in the Bankruptcy Court of the Western District of
Louisiana, to wit, In re Bodin Oil Recovery, Inc., Case Number 12-51540.
Federal bankruptcy jurisdiction is granted to the district courts. 28 U.S.C.
§1334 (b). Federal District courts have original and exclusive jurisdiction over cases
brought pursuant to Title 11 of the United States Code. District courts also have
jurisdiction for proceedings “related to” a case under Title 11. Counsel agree that this
case is “related to” the Bodin Oil Recovery case under binding Fifth Circuit
precedent. See Matter of Wood, 825 F. 2d 90, 93 (5th Cir. 1987).

This Court’s Standing Order 1.32 provides for automatic referral to the
bankruptcy court of cases related to a pending bankruptcy case. That is precisely what
we have here.
Accordingly, for this reason and for those reasons stated in open court on June
19, 2013;
IT IS ORDERED this case is hereby REFERRED to the United States
Bankruptcy Court.
IT IS FURTHER ORDERED that this Order is STAYED for ten (10) days
from the date hereof to allow the parties to appeal to Judge Doherty. If no party
appeals this ruling, this order becomes immediately executory on the 11th day
following the signing of this order.
The undersigned PRETERMITS ruling on the Motion to Dismiss Plaintiff’s
Amended Complaint filed by defendant, Brown & Brown of Louisiana, LLC [rec.
doc. 42], reserving defendant’s right to reurge the motion before the Bankruptcy
Court.
Signed June 25, 2013, at Lafayette, Louisiana.

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