Schwartz v. Chubb Sons, Inc.

Full title: CHARLES SCHWARTZ, JR., Plaintiff, v. CHUBB SONS, INC., et al., Defendants

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

Date published: Apr 11, 2006

Civil Action No. 2:05-CV-6886-SAF-JK, Section: N (E.D. La. Apr. 11, 2006)

Opinion

Civil Action No. 2:05-CV-6886-SAF-JK, Section: N.

April 11, 2006

ORDER

SIDNEY FITZWATER, District Judge

Plaintiff Charles Schwartz, Jr. ("Judge Schwartz") moves to remand this case to state court based on lack of complete diversity of citizenship. The case was removed based on improper joinder. In a companion case decided today, the court holds based on facts that are virtually identical to those of the instant case that defendants have failed to carry their heavy burden of demonstrating that Judge Schwartz's joinder of defendant Eagan Insurance Agency, Inc. was improper. See Schwartz v. Chubb Sons, Inc., No. 2:05-CV-6885-SAF-JK, slip op. at 14 (E.D. La. Apr. 11, 2006) (Fitzwater, J.). Judge Schwartz's motion to remand the case is granted. His motion for attorney's fees is denied for the reasons explained in the companion opinion. See id.

The court concludes that it lacks subject matter jurisdiction and, pursuant to 28 U.S.C. § 1447(c), remands this case to the 24th Judicial District Court for the Parish of Jefferson, Louisiana. The clerk of court shall effect the remand in accordance with the usual procedure.

SO ORDERED.