Opinion
Civil Action 20-00631-BAJ-EWD
08-04-2021
JOE PITTS v. SAM'S EAST, INC., ET AL.
RULING AND ORDER
BRIAN A. JACKSON UNITED STATES DISTRICT JUDGE.
Before the Court are Plaintiff Joe Pitts's Motion for Leave to Amend the Complaint (Doc. 6) and Motion to Remand (Doc. 9). While the Motion for Leave to Amend is unopposed, the Motion to Remand is opposed. (Doc. 10). The Magistrate Judge has issued a Report and Recommendation (Doc. 11), recommending that the Court grant Plaintiffs unopposed Motion for Leave to Amend. Because granting the Motion for Leave to Amend will destroy complete diversity, the Magistrate Judge further recommended that the Court remand this case to the 19th Judicial District Court for the Parish of East Baton Rouge, Louisiana, for lack of subject matter jurisdiction, rendering Plaintiffs Motion to Remand moot. The Report and Recommendation is unopposed.
Having carefully considered the underlying Complaint, the instant Motions, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation, and ADOPTS it as the Court's opinion herein.
Accordingly, IT IS ORDERED that Plaintiffs Motion for Leave to Amend the Complaint (Doc. 6) is GRANTED.
IT IS FURTHER ORDERED that, due to the addition of the non-diverse Defendant DuraServe Corporation, that this matter be REMANDED to the 19th Judicial District Court for the Parish of East Baton Rouge, Louisiana.
IT IS FURTHER ORDERED that Plaintiffs Motion to Remand (Doc. 9) is DENIED as moot.
A separate order of remand shall issue.