Opinion
CIVIL ACTION NO. 14-1840 SECTION "L"
10-23-2014
SHIRLEY BOTTLEY, EL AL. v. EXXON MOBIL CORP., ET AL.
ORDER AND REASONS
Before the Court is Plaintiffs' motion to remand to state court. (Rec. Doc. 8). The Court has reviewed the parties' briefs and the applicable law, and now issues this Order and Reasons.
The parties agree that this case arises out of the same facts as Lester et al. v. Exxon Mobil Corp., et al., No. 14-1824. This case is similar to Lester in all respects. The injuries alleged, in fact, arise of the deceased individual who was a plaintiff in Lester prior to his death.
As the reasoning applies with equal force here, the Court incorporates by reference its denial of the motion to remand in Lester. (14-1824, Rec. Doc. 45).
The Court will invoke its sua sponte authority to consolidate these two related cases. See Miller v. U.S. Postal Service, 729 F.2d 1033, 1037 (5th Cir. 1994). Accordingly,
IT IS ORDERED that the motion to remand is DENIED.
IT IS FURTHER ORDERED that the instant case is hereby CONSOLIDATED with Lester et al. v. Exxon Mobil Corp., et al., No. 14-1824.
New Orleans, Louisiana, this 23rd day of October, 2014.
/s/_________
U.S. DISTRICT JUDGE