Peters v. Hudson Insulation, No. 3:2008cv00543 - Document 16 (M.D. La. 2009)

Court Description: OPINION Adopting 12 Report and Recommendations of the U.S. Magistrate Judge. The plaintiff's motion to remand shall be GRANTED, and this matter shall be REMANDED to the 23rd Judicial District Court, Parish of Ascension, State of Louisiana, for further proceedings. Any attempt by the plaintiffs to seek oraccept any sum in excess of $75,000.00 in state court shall result in a sanction being imposed against the plaintiff and plaintiff's counsel in a sum which exceeds the $75,000.00 cap. Also counsel may be suspended or removed from the Bar of this Court. Judgment shall be entered accordingly. Signed by Judge Frank J. Polozola on 3/11/2009. (NLT, )

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CRYSTAL D. PETERS, individually and on behalf of her minor child, LOGAN RICHARDSON CIVIL ACTION VERSUS FIRST NATIONAL INSURANCE COMPANY OF AMERICA, ET AL 08-543-B-M2 O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which an objection was filed: The plaintiff, Crystal D. Peters, individually and on behalf of her minor child, Logan Richardson, having submitted a revised stipulation1 in accordance with this report advising the Court that no individual plaintiff's claim will exceed the sum of $75,000.00, IT IS ORDERED that the plaintiff's motion to remand2 shall be GRANTED, and this matter shall be REMANDED to the 23rd Judicial District Court, Parish of Ascension, State of Louisiana, for further proceedings. Any attempt by the plaintiffs to seek or accept any sum in excess of $75,000.00 in state court shall result in a sanction being imposed against the plaintiff and plaintiff's 1 Rec. Doc. No. 13. 2 Rec. Doc. No. 10. Doc#45840 counsel in a sum which exceeds the $75,000.00 cap. Also counsel may be suspended or removed from the Bar of this Court. Judgment shall be entered accordingly. Baton Rouge, Louisiana, March 11, 2009. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA Doc#45840

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