Perritt v. Westlake Vinyls Co.

Full title: BLAKE PERRITT, ET AL. v. WESTLAKE VINYLS COMPANY, LP, ET AL. THIS DOCUMENT…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: May 14, 2014

CIVIL ACTION NO.: 12-253-BAJ-RLB (M.D. La. May. 14, 2014)

Opinion

CIVIL ACTION NO.: 12-253-BAJ-RLB CIVIL ACTION NO.: 13-269-BAJ-RLB

05-14-2014

BLAKE PERRITT, ET AL. v. WESTLAKE VINYLS COMPANY, LP, ET AL. THIS DOCUMENT PERTAINS TO: FREDDIE JACKSON v. WESTLAKE VINYLS COMPANY, LP, ET AL.

RICHARD L. BOURGEOIS

CONSOLIDATED CASES

ORDER

This matter is before the Court sua sponte. On April 30, 2013, the defendants filed a Notice of Removal, asserting that the court has diversity jurisdiction over this action based upon 28 U.S.C. § 1332. On May 28, 2013, this action was consolidated with the following other actions involving claims for personal and property injuries arising from the March 22, 2012 explosion of the defendants' facility in Geismar, Louisiana.

• Perritt v. Westlake Vinyls Company, LP, No. 12-cv-253-BAJ-RLB
• Hollins v. Westlake Vinyls Company, LP, No. 12-cv-254-BAJ-RLB
• Goings v. Westlake Vinyls Company, LP, No. 13-cv-209-BAJ-RLB¹
• Martin v. Westlake Vinyls Company, LP, No. 13-cv-253-BAJ-RLB
• Andrews v. Westlake Vinyls Company, LP, No. 13-cv-254-BAJ-RLB²
• Harden v. Westlake Vinyls Company, LP, No. 13-cv-268-BAJ-RLB
• Jones v. Westlake Vinyls Company, LP, No. 13-cv-270-BAJ-RLB³

(R. Doc. 20). The plaintiffs in the Perritt, Hollins, Martin, and Harden actions filed motions to remand for lack of subject matter jurisdiction. The district judge granted these motions, concluding that the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a) was not satisfied. (R. Docs. 60, 74, and 76). On appeal, the United States Fifth Circuit Court of Appeals affirmed the district judge's ruling remanding the Perritt and Hollins actions. See Perritt v. Westlake Vinyls Company, LP, No. 14-30145, 2014 WL 1410256 (5th Cir. Apr. 14, 2014).

1 The plaintiffs have filed a motion to remand, which is now pending before the court. (R. Doc. 77).

2 The plaintiffs have filed a motion to remand, which is now pending before the court. (R. Doc. 78).

3 This matter was dismissed for failure to prosecute. (R. Doc. 72).
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In light of the district judge's rulings remanding the Perritt, Hollins, Martin, and Harden actions,

IT IS ORDERED that defendants Westlake Chemical Corporation and Westlake Vinyls Company, LP and plaintiff Freddie Jackson shall submit briefs or other appropriate filings no later than June 5, 2014, addressing whether the amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a) is satisfied for this matter.

Signed in Baton Rouge, Louisiana, on May 14, 2014.

__________

RICHARD L. BOURGEOIS, JR.

UNITED STATES MAGISTRATE JUDGE