Opinion
Civil 1:20-CV-01293
08-18-2021
ZACHARY PERRY, ET AL, Plaintiff v. BAKER HUGHES, A GE COMPANY, LLC, ET AL, Defendants
JOSEPH H.L. PEREZ-MONTES MAGISTRATE JUDGE.
JUDGMENT
DAVID C. JOSEPH, JUDGE.
Before the Court is a REPORT AND RECOMMENDATION (“R&R”) of the Magistrate Judge previously filed herein, which recommended for the reasons cited therein that the claims against the Louisiana Department of Environmental Quality (“DEQ”) be dismissed with prejudice. [ECF No. 19].
Because an improper joinder adjudication concerns the issue of jurisdiction rather than merits, “the dismissal of a nondiverse party over whom the court does not have jurisdiction must be a dismissal without prejudice in every instance.” Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd., 818 F.3d 193, 210 (5th Cir. 2016). The Court therefore amends the R&R to dismiss the DEQ without prejudice.
Noting the absence of objections to the R&R, and having determined that the Magistrate Judge's findings and recommendations are otherwise correct under the applicable law;
IT IS HEREBY ORDERED that Plaintiff's Motion to Remand and Motion for Attorney Fees [ECF No. 6] is DENIED.
IT IS FURTHER ORDERED that Plaintiff's claims against the DEQ are DISMISSED WITHOUT PREJUDICE.
THUS, DONE AND SIGNED.