Ariyan, Inc v. Sewerage & Water Board of New Orleans, No. 2:2016cv02328 - Document 24 (E.D. La. 2016)

Court Description: ORDER and REASONS denying 10 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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Ariyan, Inc v. Sewerage & Water Board of New Orleans Doc. 24 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ARIYAN, INC., d/b/a DISCOUNT CORNER CIVIL ACTION NO. 16-2328 VERSUS SECTION “N” (3) SEWERAGE & WATER BOARD OF NEW ORLEANS ORDER & REASONS Presently before the Court is Plaintiff's "Motion to Remand" (Rec. Doc. 10) and "Motion to Sever" (Rec. Doc. 12). Having carefully considered the parties’ supporting and opposing submissions, and the applicable law, IT IS ORDERED that the Motions are DENIED. The issues raised here by Ariyan, Inc. ("Ariyan") in its 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. Ariyan also moves the Court to sever its case from the other SELA drainage project actions, all of which have been consolidated for discovery purposes only. Ariyan's primary concern appears to be that consolidation will delay a final resolution of this matter. Dockets.Justia.com However, that need not be so. Should Ariyan conclude discovery early, the Court will be receptive of a motion to expedite the trial. A severance is unwarranted. New Orleans, Louisiana, this 12th day of May, 2016. ___________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE 2

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