Perritt v. Westlake Vinyls Co.

986 F. Supp. 2d 726, 2013 WL 6451774, 2013 U.S. Dist. LEXIS 172636
CourtDistrict Court, M.D. Louisiana
DecidedDecember 9, 2013
DocketCivil Action Nos. 3:12-cv-00253-BAJ-RLB, 3:12-cv-00254-BAJ-RLB, 3:13-cv-00209-BAJ-RLB, 3:13-cv-00253-BAJ-RLB, 3:13-cv-00254-BAJ-RLB, 3:13-cv-00268-BAJ-RLB, 3:13-cv-00269-BAJ-RLB, 3:13-cv-00270-BAJ-RLB
StatusPublished

This text of 986 F. Supp. 2d 726 (Perritt v. Westlake Vinyls Co.) 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.

Bluebook
Perritt v. Westlake Vinyls Co., 986 F. Supp. 2d 726, 2013 WL 6451774, 2013 U.S. Dist. LEXIS 172636 (M.D. La. 2013).

Opinion

ORDER

BRIAN A. JACKSON, Chief Judge.

Before the Court are two Motions to Remand pursuant to 28 U.S.C. § 1447(c) filed in cases consolidated for pretrial management.1 The first was filed by Plaintiffs Blake Perritt, Barry Mitchell, and others in civil action 3:12-cv-00253 (“Perritt Action”) (Doc. 4); the second was filed by Plaintiffs Frederick Hollins, Laura Hollins, and Shanice Hills in civil action 3:12-cv-00254 (“Hollins Action”) (located at 3:12-cv-00253 Doc. 8).2 In each case, the Defendants — Westlake Vinyls Company, LP, and Westlake Chemical Corporation (collectively, “Westlake”) — oppose the re[728]*728mand request. (See 3:12-cv-00253 Doc. 6 (Defendants’ Opposition to Blake Perritt’s Motion to Remand); Doc. 9 (Defendants’ Opposition to Frederick Hollins’s Motion to Remand)). Having carefully reviewed and re considered the filings and exhibits in each matter, this Court determines that Plaintiffs’ Motions for Remand (Docs. 4 and 8) should be GRANTED for the reasons explained in this Order.3

I. BACKGROUND

These consolidated cases stem from a March 22, 2012 explosion at Westlake’s facility in Geismar, Louisiana. (See 3:12-cv-00253 Doc. 1-1 at ¶2 (“Perritt Petition”); 3:12-cv-00254 Doc. 1-1 at ¶2 (“Hollins Petition”)). On March 23, 2012, Plaintiffs Frederick Hollins, Laura Hollins, and Shanice Hills filed a Petition for Damages against Defendants Westlake Vinyl Company and Westlake Chemical Corporation in the 23rd Judicial District Court, Ascension Parish, State of Louisiana. The Hollins Petition alleged that the explosion and resulting chemical release were caused by Westlake’s negligence, (see Hollins Petition at ¶¶ 6-12), and claimed damages for “personal injuries and symptoms due to the explosion and exposure to the released chemicals,” including “fear, anguish, discomfort and inconvenience as well [as] pain and suffering, emotional distress, and psychiatric and psychological damages, evacuation, and property damages,” (id. at ¶¶ 13-14). In accordance with Louisiana law, the Hollins Petition did not specify the dollar amount of the Plaintiffs’ damages claim. See La. C.C.P. Art. 893(A)(1). However, the Hollins Petition stated: “The damages of plaintiff [sic] in this matter is less than $75,000.00. Moreover, the amount in controversy of the class sought herein is less than the requisite amount of the federal Class Action Fairness Act,” (id. at ¶ 15; see also id. at ¶ 18 (“Petitioners specifically allege that the amount in controversy herein does not meet the threshold amounts for federal court jurisdiction under either diversity jurisdiction or under the Class Action Fairness Act.”)).

Four days later, on March 27, 2012, Plaintiffs Blake Perritt, Barry Mitchell, and others filed their Petition against Westlake Vinyl and Westlake Chemical, also in the 23rd Judicial District Court, Ascension Parish. The Perritt Petition matched the Hollins Petition word-for-word with regard to Westlake’s alleged negligence, (see Perritt Petition at ¶¶ 6-12), and also claimed damages for “personal injuries and symptoms due to the explo[729]*729sion and exposure to the released chemicals,” including “fear, anguish, discomfort and inconvenience as well as pain and suffering, emotional distress, and psychiatric and psychological damages, evacuation, and property damages,” (id. at ¶¶ 13-14). Unlike the Hollins Petition, however, the Perritt Petition did not indicate one way or the other whether the Plaintiffs believed that their action met the requirements for federal subject matter jurisdiction. (See generally id.).

On April 27, 2012, Westlake removed each action to this Court under 28 U.S.C. § 1441, asserting that “this Court has original subject matter jurisdiction pursuant to 28 U.S.C. § 1332” because “there is complete diversity of citizenship between the plaintiffs and the properly joined defendants pursuant to 28 U.S.C. § 1332(c)(1), and ... [each] ease satisfies the amount in controversy requirement pursuant to 28 U.S.C. § 1332(a).” (See 3:12-cv-00253 Doc. 1 at ¶ 3; 3:12-ev-00254 Doc. 1 at ¶¶ 3). In the alternative, Westlake asserted that this Court has subject matter jurisdiction over each action “pursuant to 28 U.S.C. § 1332(d) because (i) [each] is a class action involving citizens of different states pursuant to 28 U.S.C. § 1332(d)(2)(A), and (ii) [each] case satisfies the amount in controversy requirement pursuant to 28 U.S.C. § 1332(d)(2).” (See 3:12-cv-00253 Doc. 1 at IT 4; 3:12-cv-00254 Doc. 1 at ¶ 4).

On May 16, 2012, this Court “determined that [civil actions 12-cv-00253 and 12-cv-00254] ... present common questions of law and fact,” and consolidated the cases for pre-trial management. (Doc. 3). Then, on May 25, 2012, the Plaintiffs in each action filed the Motions to Remand that are the subject of this Order. (3:12-cv-00253 Docs. 4 and 8).

In their Motions, the Plaintiffs argue that remand to state court is required because Westlake failed to show that “the amount in controversy requirement is met either under the traditional diversity of citizenship provision or under [the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d) ].” (3:12-cv-00253 Doc. 4-1 at p. 2; see also Doc. 8-1 at pp. 4-5). Westlake filed memoranda in opposition to each remand request, along with certain exhibits, seeking to establish its position that each case “was properly removed based upon diversity jurisdiction under 28 U.S.C. § 1332(a) and, alternatively, ... 28 U.S.C. § 1332(d).” (3:12-cv-00253 Docs. 6 and 9). Oral argument is not necessary.4

II. DISCUSSION

“Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute which is not to be expanded by judicial decree.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (citations omitted). Further, “[i]t is to be presumed that a cause lies outside this limited jurisdiction, and the burden of establishing the contrary rests upon the party asserting jurisdiction.” Id. (citations omitted).

In pertinent part, 28 U.S.C. § 1441

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986 F. Supp. 2d 726, 2013 WL 6451774, 2013 U.S. Dist. LEXIS 172636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perritt-v-westlake-vinyls-co-lamd-2013.