Plaquemines Parish v. Riverwood Production Company, Inc.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PLAQUEMINES PARISH CIVIL ACTION

VERSUS NO. 18-5217

RIVERWOOD PRODUCTION CO., SECTION “R” (5) INC., ET AL.

ORDER AND REASONS

On January 11, 2022, the Court issued an Order and Reasons granting plaintiff and plaintiff-intervenor’s motion to remand this case to state court. Plaquemines Par. v. Riverwood Prod. Co., No. 18-5217, 2022 WL 101401, at *10 (E.D. La. Jan. 11, 2022). But the Court subsequently stayed the execution of its order while the United States Court of Appeals for the Fifth Circuit was considering defendants’ appeal. See Plaquemines Par. v. Riverwood Prod. Co., No. 18-5217, 2022 WL 843118, at *3 (E.D. La. Mar. 22, 2022). Now, the Fifth Circuit has affirmed the Court’s decision to remand this case to state court and denied the relief sought by defendants. See Plaquemines Par. v. Chevron USA, Inc., No. 22-30055, 2022 WL 9914869 (5th Cir. Oct. 17, 2022). As a result, this matter must be remanded because “[t]here is no removal jurisdiction in this case.” Id. at *2. Accordingly, it is ordered that the above-captioned case is REMANDED to the 25th Judicial District Court for the Parish of Plaquemines.

New Orleans, Louisiana, this_19th day of December, 2022. bern Varo SARAH S. VANCE UNITED STATES DISTRICT JUDGE