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explaining that while a defendant is free to amend a notice of removal within that thirty-day period in § 1446(b), once the period has expired, the notice of removal cannot be amended to cure a defect in the removal procedures
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CIVIL ACTION NO.: 13-447-BAJ
03-12-2014
CHAD BATTLEY v. NATIONAL SPECIALTY INSURANCE COMPANY, ET AL
RULING AND ORDER
Before the Court is a Motion to Remand (Doc. 4), filed by Plaintiff Chad Battley, seeking an order from this Court remanding the above-captioned matter to the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana. Defendants National Specialty Insurance Co., New Energy Transport, Inc., and Roy Sholar (collectively "Defendants") oppose the motion. (Doc. 10.)
On November 12, 2013, United States Magistrate Judge Richard L. Bourgeois, Jr. issued a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B), recommending that Plaintiffs' Motion to Remand be granted. (Doc. 11.)
On May 29, 2013, Defendants timely filed written objections to the Magistrate Judge's Report and Recommendation. (Doc. 12.) However, after carefully considering Plaintiff's Motion to Remand, Defendants' Opposition to the Motion to Remand, the Magistrate Judge's Report and Recommendation, Defendants' Objections to the Magistrate Judge's Report and Recommendation, Plaintiff's Memorandum in Opposition to Defendants' Objections to Magistrate Judge's Report and Recommendations, the record, and the applicable law, the Court concludes that the Magistrate Judge's Report and Recommendation is correct, and hereby adopts its findings of fact, conclusions of law, and recommendation.
Accordingly,
IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 11) is ADOPTED as the Court's opinion herein.
IT IS FURTHER ORDERED that the above-captioned matter is REMANDED to the Nineteenth Judicial District Court, Parish of East Baton Rouge, State of Louisiana.
Baton Rouge, Louisiana, March 12, 2014.
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BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA