BOURGEOIS v. WEBER MARINE, LLC, 14-307-SDD-SCR. (2014)
Court: District Court, M.D. Louisiana
Number: infdco20140721862
Visitors: 11
Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is plaintiff's Motion to Remand. Record document number 3. The motion is opposed. 1 Plaintiffs move to remand on two grounds: (1) the removal was not timely, and (2) the amount in controversy needed to support subject matter jurisdiction is not met. Neither ground has any merit, for the reasons stated by defendant Weber Marine, LLC in its opposition memorandum. Defendant Weber Marine was served with the pla
Summary: MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is plaintiff's Motion to Remand. Record document number 3. The motion is opposed. 1 Plaintiffs move to remand on two grounds: (1) the removal was not timely, and (2) the amount in controversy needed to support subject matter jurisdiction is not met. Neither ground has any merit, for the reasons stated by defendant Weber Marine, LLC in its opposition memorandum. Defendant Weber Marine was served with the plai..
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MAGISTRATE JUDGE'S REPORT
STEPHEN C. RIEDLINGER, Magistrate Judge.
Before the court is plaintiff's Motion to Remand. Record document number 3. The motion is opposed.1
Plaintiffs move to remand on two grounds: (1) the removal was not timely, and (2) the amount in controversy needed to support subject matter jurisdiction is not met. Neither ground has any merit, for the reasons stated by defendant Weber Marine, LLC in its opposition memorandum.
Defendant Weber Marine was served with the plaintiffs' state court Petition for Damages on April 17, 2014. Under 28 U.S.C. 1446(b(2) (B) each defendant had 30 days after service to file a notice of removal. Defendant Weber Marine filed its Notice of Removal on May 16, 2014. The Notice of Removal was timely filed.
Defendant Weber Marine removed the case asserting subject matter jurisdiction under 28 U.S.C. § 1333, governing admiralty and maritime cases.2 Unlike 28 U.S.C. § 1332, which applies to diversity jurisdiction, § 1333 does not include an amount in controversy requirement.
RECOMMENDATION
It is the recommendation of the magistrate judge that the plaintiff's Motion to Remand be denied.
FootNotes
1. Record document number 6.
2. Record document number 1, Notice of Removal, IT 4, 5.
Source: Leagle
