EnVen Energy Ventures L L C v. Gemini Insurance Co

Filing 33

JUDGMENT re 31 Report and Recommendation of the Magistrate Judge, Denying as Moot 10 Motion to Change Venue. It Is Further Ordered that this case is Dismissed Without Prejudice. Signed by Judge Terry A Doughty on 6/28/2018. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION ENVEN ENERGY VENTURES, LLC CIVIL ACTION NO. 6:17-CV-01573 VERSUS JUDGE TERRY A. DOUGHTY GEMINI INSURANCE COMPANY MAG. JUDGE PATRICK J. HANNA JUDGMENT In a report and recommendation, the Magistrate Judge concluded that the court lacks subject-matter jurisdiction over this action and recommended that it be dismissed. (Rec. Doc. 31). The plaintiff, EnVen Ventures, LLC, objected to the report and recommendation. (Rec. Doc. 32). In the related case, styled Batiste v. Pharma-Safe Industrial Service, Inc., et al., bearing Civil Action No. 6:16-cv-00813 on the court’s docket, the court granted leave for the filing of a thirdparty demand by EnVen Ventures, LLC against Gemini Insurance Company, asserting the same claim that was asserted in this lawsuit. Accordingly, based upon leave being granted for EnVen Ventures, LLC to file its third-party action against Gemini Insurance Company in Civil Action No. 6:16-cv-00813 pending in this Court, and without objection from either EnVen Energy Ventures, LLC or Gemini Insurance Company, IT IS ORDERED that Gemini Insurance Company's Motion to Change Venue [Doc. No. 10] is DENIED AS MOOT; and IT IS FUTHER ORDERED that this case is DISMISSED WITHOUT PREJUDICE. Signed at Monroe, Louisiana on this 28th day of June, 2018. ____________________________________ TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

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