Gatti v. State of Through Department of Conservation

Full title: ROBERT H. GATTI, SR, ET AL v. THE STATE OF LOUISIANA THROUGH THE…

Court: United States District Court, M.D. Louisiana

Date published: May 23, 2011

CIVIL ACTION NO. 10-329-JJB-DLD (M.D. La. May. 23, 2011)

Opinion

CIVIL ACTION NO. 10-329-JJB-DLD.

May 23, 2011

ORDER

JAMES BRADY, District Judge

On May 12, 2011, this action was remanded to the 19^th Judicial District Court, Parish of East Baton Rouge, State of Louisiana (doc. 104). On May 20, 2011, a motion was filed to stay the remand and all other action pending an appeal of the decision to remand (doc. 105) However, this court was divested of subject matter jurisdiction over the action on May 12, 2011, when the district clerk sent a certified copy of the remand order to the state court. See e.g., Arnold v. Garlock, Inc., 278 F.3d 426 (5^th Cir. 2001) (stating that "[o]nce the remand order is certified and mailed, however, the matter remanded is removed from federal jurisdiction").

Accordingly, IT IS HEREBY ORDERED that the motion to stay (doc. 104) be terminated for lack of subject matter jurisdiction.