Opinion
CIVIL ACTION NO.: 15-00196-BAJ-RLB
07-07-2015
RUBEN ROY, ET AL. v. ARDENT COMPANIES, INC., ET AL.
RULING AND ORDER
Before the Court is a Motion to Remand (Doc. 9), filed by Plaintiffs Ruben Roy and Carol G. Roy, 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 for want of a basis for subject matter jurisdiction. Defendant Enterprise Products Operating, LLC ("Enterprise") opposes the motion, arguing that removal was proper pursuant to the Outer Continental Shelf Lands Act ("OCSLA"), 42 U.S.C. § 1349, and federal question jurisdiction, 28 U.S.C. § 1331. (See Doc. 12 at p. 2).
Notably, Plaintiffs' memorandum in support of its motion is just over one page long and states merely, in a conclusory fashion, that "[t]he law is clear that the law applicable in this case is the law of the adjoining state, in this case. Louisiana." (Doc. 9-1 at p. 1). Plaintiffs do not direct the Court to a specific provision of law or a particular case to support their argument. --------
The Magistrate Judge issued a Report and Recommendation, recommending that Plaintiffs' Motion to Remand be denied after finding that Enterprise, the removing defendant, satisfied its burden of establishing jurisdiction under OCSLA. (See Doc. 19). No party filed objections to the Magistrate Judge's Report.
Having carefully considered Plaintiffs' motion, Defendant Enterprise's memorandum in opposition, and the Magistrate Judge's Report, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 19), and ADOPTS the Report as the Court's opinion herein.
For reasons explained in the Magistrate Judge's Report,
IT IS ORDERED that Plaintiffs Ruben Roy and Carol G. Roy's Motion to Remand (Doc. 9) is DENIED.
Baton Rouge, Louisiana, this 7th day of July, 2015.
/s/ _________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA