Sexton v. Exxon Mobil Corporation et al, No. 3:2017cv00482 - Document 61 (M.D. La. 2018)
Court Description: OPINION Adopting 42 Report and Recommendation of the U.S. Magistrate Judge; denying 18 Motion to Remand (certified copy mailed to appropriate judicial district court). Signed by Judge John W. deGravelles on 1/3/2018. (EDC)
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Sexton v. Exxon Mobil Corporation et al Doc. 61 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA LEROY SEXTON CIVIL ACTION VERSUS NO. 17-482-JWD-RLB EXXON MOBIL CORPORATION, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in Magistrate Judge's Report dated September 15, 2017, to which an objection was filed: IT IS ORDERED that the Plaintiff’s Motion to Remand (R. Doc. 18) is DENIED. Though the Court is sympathetic to the policy concerns raised by the Plaintiff and believes the “forum defendant rule” to be a tad hyper-technical in this case, the Court finds that 28 U.S.C. § 1441(b)(2) is clear and unambiguous; it prohibits removal of an action only “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” Id. (emphasis added). Because Defendant Zachary was not “properly joined and served” at the time of removal, the plain language of § 1441(b)(2) does not require remand. Perhaps more importantly, even if there were ambiguity in the statute, the overwhelming authority in this circuit supports the Magistrate Judge’s position. (See R&R, Doc. 42 at 5–6; Defendant’s Reply to Objections, Doc, 47 at 3–4.) As a result, the Plaintiff’s objections are OVERRULED. Signed in Baton Rouge, Louisiana, on January 3, 2018. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 19th JDC Dockets.Justia.com
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