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RANDALL HARROLD v. LIBERTY INSURANCE UNDERWRITERS, INC., ET AL.

JAMES J. BRADY

RULING AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS

This matter is before the court on the Plaintiff Randall Harrold's Motion (doc. 5) to Remand. In his Report and Recommendations (doc. 9), the Magistrate Judge found that the Motion to Remand should be denied, based primarily on the 2011 revisions to 28 U.S.C. § 1441. Subsequently, the plaintiff filed an Objection (doc. 10) to the Report and Recommendations, to which the defendant filed a memorandum (doc. 13) in support.

After reviewing the Report and Recommendations and the parties' respective briefings on the matter, the Plaintiff Randall Harrold's Motion (doc. 5) to Remand is GRANTED IN PART AND DENIED IN PART. The Court hereby AFFIRMS and ADOPTS the Magistrate Judge's Report and Recommendations (doc. 9). However, pursuant to 28 U.S.C. § 1441(c)(2), the Jones Act claims asserted against Weeks Marine, Inc. and Aerotek, Inc., are SEVERED and REMANDED to the 19th Judicial District Court of Baton Rouge, Louisiana.

Signed in Baton Rouge, Louisiana, on February 19, 2014.

___________________


JUDGE JAMES J. BRADY


UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF LOUISIANA


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Harrold v. Liberty Ins. Underwriters, Inc.
(Feb 19, 2014)