Hsieh v. Apache Deepwater, LLC
This text of Hsieh v. Apache Deepwater, LLC (Hsieh v. Apache Deepwater, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
DAVID HSIEH CIVIL ACTION VERSUS APACHE DEEPWATER, LLC ET AL NO.: 19-408-BAJ-JW
ORDER
Schlumberger moves the Court to reconsider, in part, its Order (Doc. 41) severing Plaintiffs Jones Act claim and remanding it to the 19th Judicial District Court for the Parish of Hast Baton Rouge. (Doc. 44). Schlumberger submits that the Court should have determined whether the Jones Act claim was fraudulently pleaded before determining that the claim was statutorily nonremovable. (d.). But Schlumberger fails to address the jurisprudential basis for the Court’s ruling on the particular issue. See Landerman v. Tarpon Operating and Dev., L.L.C., 19 F. Supp. 3d 678 (ED. La. 2014). The Court finds Judge Vance’s reconciliation of Lackey v, Atl. Richfield Co., 990 F.2d 202 (5th Cir. 1993) with 28 U.S.C. § 1441(c) in Landerman more persuasive than the interpretation that is offered by Schlumberger and based on an unpublished report and recommendation. See Gardner v. Fieldwood Energy, LLC, No. H-18-0841, 2019 WL 885638, at *1 (S.D. Tex. Jan. 30, 2019).
Accordingly, IT IS ORDERED that the Motion for Reconsideration (Doc. 44) is DENIED.
a a OE Baton Rouge, Louisiana, this day of August, 2019.
JUDGE BRIAN A_JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
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