Summary
finding other courts' reasoning on the matter more persuasive than Ryan and remanding plaintiff's claims
Summary of this case from Harbor Docking & Towing Co. v. Rolls Royce Marine N. Am., Inc.Opinion
CIVIL ACTION NO. 4:14-CV-1292
06-23-2014
ORDER OF REMAND
The Court has considered the plaintiff's motion to remand, all responsive briefing, and/or the arguments of counsel and finds that the plaintiff's motion is meritorious. The Court finds the reasoning of cases such as Perrier v. Shell Oil Co., 2014 WL 2155258 (E.D. La. May 22, 2014); Rogers v. BBC Chartering America, LLC, 2014 WL 819400 at *1 (S.D. Tex. Mar. 3, 2014) (Hoyt, J.); Coronel v. AK Victory, 2014 WL 820270 (W.D. Wash. Feb. 28, 2014); and Barry v. Shell Oil Co., 2014 WL 775662 at *3 (E.D. La. Feb. 25, 2014) more persuasive than Ryan v. Hercules Offshore, Inc., 945 F.Supp.2d 772 (S.D. Tex. 2013).
Accordingly, the Court lacks jurisdiction over this matter and believes this case should be remanded pursuant to 28 U.S.C. § 1447(c).
It is therefore ORDERED that the plaintiff's motion to remand is in all things GRANTED, and this case is REMANDED to the 127 Judicial District Court of Harris County, Texas.
SIGNED on this 23 day of June, 2014.
/s/_________
Kenneth M. Hoyt
United States District Judge