Opinion
Civil Action 1:21-CV-288-MAC
11-03-2021
TROY J. BROUSSARD, Plaintiff, v. PORT ARTHUR PIPELINE, LLC, SEMPRA ENERGY d/b/a SEMPRA ENERGY CORP. and GREGORY SCOTT d/b/a CLEAN HARBORS and/or HOUSTON DAYLIGHTING &HYDRO EXCAVATION SERVICES Defendants.
MEMORANDUM AND ORDER ADOPTING AND REMANDING CASE
MARCIA A. CRONE UNITED STATES DISTRICT JUDGE.
This court referred this matter to the Honorable Christine L. Stetson, United States Magistrate Judge, for consideration. On October 11, 2021, Judge Stetson issued a Report and Recommendation in which she recommended that the court grant the Plaintiff's motion to remand. To date, the parties have not filed objections to the report. Plaintiff filed an Amended Complaint without leave of court on October 19, 2021, (#28). Defendant Sempra re-urged its motion to dismiss for lack of jurisdiction and Defendant Port Arthur Pipeline filed an answer to the Amended Complaint along with an objection to Plaintiff's failure to obtain leave of court.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the court conducted a de novo review of the magistrate judge's report and the record in this cause. The court agrees with Judge Stetson's recommended disposition. The court therefore ORDERS 1 that the Report and Recommendation (#26) is ADOPTED. Plaintiff's motion to remand (#5) is GRANTED. The Clerk is directed to CLOSE this case and REMAND it to the 172nd District Court of Jefferson County, Texas, from which it was removed. Defendant Sempra's pending motions to dismiss (#s 23 and 29) are TERMINATED as MOOT, without prejudice to reassert in state court. The court finds Plaintiff's amended complaint (#28) filed without leave of court under Federal Rule of Civil Procedure 15 is, also, hereby MOOT. All other pending motions are MOOT. 2