Harrold v. Liberty Ins. Underwriters, Inc.

Full title: RANDALL HARROLD v. LIBERTY INSURANCE UNDERWRITERS, INC., ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Feb 19, 2014

CIVIL ACTION NO. 13-762-JJB-SCR (M.D. La. Feb. 19, 2014)

Opinion

CIVIL ACTION NO. 13-762-JJB-SCR

02-19-2014

RANDALL HARROLD v. LIBERTY INSURANCE UNDERWRITERS, INC., ET AL.

JAMES J. BRADY

RULING AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND

RECOMMENDATIONS

This matter is before the court on the Plaintiff Randall Harrold's Motion (doc. 5) to Remand. In his Report and Recommendations (doc. 9), the Magistrate Judge found that the Motion to Remand should be denied, based primarily on the 2011 revisions to 28 U.S.C. § 1441. Subsequently, the plaintiff filed an Objection (doc. 10) to the Report and Recommendations, to which the defendant filed a memorandum (doc. 13) in support.

After reviewing the Report and Recommendations and the parties' respective briefings on the matter, the Plaintiff Randall Harrold's Motion (doc. 5) to Remand is GRANTED IN PART AND DENIED IN PART. The Court hereby AFFIRMS and ADOPTS the Magistrate Judge's Report and Recommendations (doc. 9). However, pursuant to 28 U.S.C. § 1441(c)(2), the Jones Act claims asserted against Weeks Marine, Inc. and Aerotek, Inc., are SEVERED and REMANDED to the 19th Judicial District Court of Baton Rouge, Louisiana.

Signed in Baton Rouge, Louisiana, on February 19, 2014.

___________________

JUDGE JAMES J. BRADY

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA