DENNIS MILTON, District Judge
Oral argument was heard in this matter on August 25, 2003 on Plaintiff's' objections to the Magistrate Judge's Report and Recommendation (Doc. 129) wherein it was recommended that Plaintiff's' motion to remand be denied. After considering the argument of the parties and for the reasons stated at the conclusion of the hearing, Plaintiff's' motion for remand is hereby denied.
Further, after the court made its ruling in open court, Plaintiff's made an oral motion to have this court certify the issue of remand for an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). This court initially denied Plaintiff's' motion, but upon further consideration now grants Plaintiff's' motion with the following certification:
This Court denied Plaintiff's' motion for remand based upon the doctrine of equitable exception of the one-year rule of 28 U.S.C. § 1446(b) as announced in Tedford v. Warner-Lambert, 327 F.3d 423 (5th Cir. 2003), however, this court also recognizes and is of the opinion that the denial of remand based on an interpretation of Tedford involves a controlling question of law as to which there is substantial ground for differences of opinion and that an immediate appeal from the order denying remand may materially advance the ultimate termination of the litigation.
Further, this Court on its own motion hereby stays these proceedings pending the outcome of Plaintiff's' application for permissive appeal and disposition by the Fifth Circuit Court of Appeal.
SIMIEN SIMIEN Attorneys and Counselors at Law Registered Limited Liability Company 8923 BLUEBONNET BOULEVARD, SUITE 200 BATON ROUGE, LOUISIANA 70810 Telephone (225) 769-8422 Facsimile (225) 769-9432 WEB page www.simicn.com EULIS SIMIEN, JR. BATON ROUGE JIMMY SIMIEN LAKE CHARLES MARK W. SIMIEN HUGH E. MCNEELY LINDA L. LYNCH
August 27, 2003
TRANSMITTED VIA FACSIMILE
(337) 437-3969
AND UNITED STATES MAIL
Honorable Patricia Minaldi Judge, United States District Court Western District of Louisiana 611 Broad Street Lake Charles, LA 70601
Re: Eula Guidry Ardoin v. Stine Lumber Company, et al 14th JDC, Calcasieu Parish, Docket # 2001-004808, Div. "G" Removed to U.S.D.C., Western District, No.: 2:02CV2502 Our File No. P-2173-01-A Dear Judge Minaldi:
In accordance with the telephone conference earlier today with Mr. Seth Hopkins, on behalf of plaintiff's, we are submitting a proposed order that reflects your denial of remand, the 28 U.S.C. § 1292 (b) certification and the stay of proceedings pending the appeal application and disposition of the matter before the Fifth Circuit Court of Appeal.
By copy of this letter, plaintiff's this day are faxing a copy of the proposed order to Defense Liaison Counsel and e-mailing same to all counsel of record.
Thanking you for your consideration in this matter.
Respectfully submitted, Hugh McNeely