Summary
In Marvin v. American Export Lines, Inc., 2014 WL 4924341 (M.D. La. Sept. 30, 2014), the district court found that where a state court suit contains a claim that is statutorily non-removable [e.g. a Jones Act claim] and there is no federal question jurisdiction, removal is unavailable.
Summary of this case from Alexander v. Magnolia Marine Transp. Co.Opinion
CIVIL ACTION NO.: 3:14-cv-00316-BAJ-SCR
09-30-2014
SPRAWLIN MARVIN v. AMERICAN EXPORT LINES INC., ET AL.
RULING AND ORDER
Before the Court is Plaintiff's MOTION TO REMAND (Doc. 18). The Magistrate Judge has issued a REPORT (Doc. 23) recommending that Plaintiff's Motion be granted, and that Plaintiff's cause of action be remanded to the Nineteenth Judicial District Court, East Baton Rouge Parish, Louisiana, (id. at p. 10). Defendants do not object to the Magistrate Judge's Report.
Having independently considered Plaintiff's Motion to Remand (Doc. 18) and related filings, the Court APPROVES the Magistrate Judge's REPORT (Doc. 23), and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Plaintiff's MOTION TO REMAND (Doc. 18) is GRANTED for the reasons explained in the Magistrate Judge's Report (Doc. 23).
IT IS FURTHER ORDERED that this action is REMANDED to the Nineteenth Judicial District Court, Parish of East Baton Rouge, Louisiana.
Baton Rouge, Louisiana, this 30th day of September, 2014.
/s/_________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA