Lowenburg et al v. Sewerage & Water Board of New Orleans, No. 2:2016cv02326 - Document 27 (E.D. La. 2016)
Court Description: ORDER and REASONS denying 14 Motion to Remand to State Court, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 5/12/2016. (cbs)
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Lowenburg et al v. Sewerage & Water Board of New Orleans Doc. 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ANNE LOWENBURG, ET AL. CIVIL ACTION VERSUS NO. 16-2326 SEWERAGE & WATER BOARD OF NEW ORLEANS SECTION “N” (3) ORDER & REASONS Presently before the Court is Plaintiffs' "Motion to Remand" (Rec. Doc. 14). Having carefully considered the parties’ submissions, and the applicable law, IT IS ORDERED that the Motion is DENIED. The issues raised by Plaintiffs in their Motion to Remand were previously addressed by this Court in Sewell v. Sewerage & Water Board of New Orleans, No. 15-3117. (See Rec. Doc. 36). In that case, which involves the same SELA drainage project, the Court found that B&K, as a government contractor, had properly removed the action pursuant to 28 U.S.C. § 1442(a). (Id. at p. 2-3). Here, on the showing made, the Court finds, again, that B&K's use of the federal officer removal statute was appropriate. New Orleans, Louisiana, this 12th day of May, 2016. ___________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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