Opinion
CIVIL 1:21-CV-00161
12-21-2022
FRED ALEXANDER, ET AL v. DRESSER, LLC, ET AL
JOSEPH H.L. PEREZ-MONTES, MAGISTRATE JUDGE
ORDER
DAVID C. JOSEPH, JUDGE
Before the Court is Plaintiffs' MOTION FOR RECONSIDERATION OF THE COURT'S INTERLOCUTORY ORDER DENYING PLAINTIFFS' MOTION TO REMAND AND DISMISSING DEFENDANT LDEQ (the “Motion”). [Doc. 97]. The Motion is unopposed. Given the Fifth Circuit's intervening holding in D & J Invs. of Cenla, L.L.C. v. Baker Hughes a G E Co., L.L.C., 52 F.4th 187 (5th Cir. 2022).
The Court herein:
(i) VACATES the Report and Recommendation [Doc. 59] and Judgment [Doc. 66] dismissing the Louisiana Department of Environmental Quality (“DEQ”) as a defendant in this matter; and
(ii) REMANDS this case to the 9th Judicial District Court, Rapides Parish, Louisiana, because complete diversity no longer exists, and this Court therefore lacks subject matter jurisdiction under 28 U.S.C. § 1332(a).
THUS, DONE AND SIGNED.