Bernard v. Progressive Waste Solutions of La, Inc.
Bernard v. Progressive Waste Solutions of La, Inc.
Opinion of the Court
Before the Court is a motion to remand, filed by Plaintiff Larry Bernard, Sr.
*740BACKGROUND
On August 10, 2018, in the Twenty-Fourth Judicial District Court for the Parish of Jefferson, Plaintiffs Larry Bernard, Sr., and Mona Bernard filed a class action petition, pursuant to Louisiana Code of Civil Procedure article 591 et seq. , against Defendants Louisiana Regional Landfill Company (formerly known as, and named in the caption as, IESI LA Landfill Corporation);
All persons domiciled of and/or within the Parish of Jefferson ... who sustained legally cognizable damages in the form of nuisance, interference with the enjoyment of their properties, and/or diminution in value of their properties as a result of the Defendant(s)' acts that caused the emission of noxious odors and gases into and unto their persons and properties.6
On August 29, 2018, Waste Connections Defendants, removed the case to this Court, invoking this Court's jurisdiction under the Class Action Fairness Act of 2005 ("CAFA").
Ictech-Bendeck v. Progressive Waste Solutions of La., Inc. , another class action petition alleging damages from noxious odors and gases emanating from the Landfill, was filed in the Twenty-Fourth Judicial District Court for the Parish of Jefferson on July 25, 2018, sixteen days prior to the filing of the instant case.
Thompson v. Louisiana Regional Landfill Company , another class action petition alleging similar factual allegations, was filed in the Twenty-Fourth Judicial District Court for the Parish of Jefferson on July 30, 2018, eleven days prior to the filing of the instant case, and removed to this Court on August 23, 2018.
The plaintiff in Thompson filed a motion to remand the case to state court,
STANDARD OF LAW
Generally, a defendant may remove a civil action from state court to federal court if the federal court would have had original jurisdiction over the action.
CAFA vests federal district courts with original jurisdiction over class actions in which the amount-in-controversy exceeds $5 million, and the class fits one of the following categories:
(A) any member of a class of plaintiffs is a citizen of a State different from any defendant;
(B) any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or
(C) any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.21
When a party objects to the Court's jurisdiction under CAFA, that party "must prove that the CAFA exceptions to federal jurisdiction divest[ ] the district court of subject matter jurisdiction."
ANALYSIS
In Thompson , the Court issued an Order and Reasons denying the plaintiff's motion to remand.
For the reasons stated in the Court's order in Thompson , the Court finds this case satisfies CAFA's jurisdictional requirements.
Plaintiff Bernard also argues that, because Jefferson Parish did not file a consent to removal, this case must be remanded.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that the motion to remand, filed by Plaintiff Larry Bernard, Sr., be and hereby is DENIED .
R. Doc. 7.
R. Docs. 16, 17, 18.
Plaintiffs incorrectly named as a separate Defendant "Louisiana Regional Landfill Company, Inc.," a non-existent entity. R. Doc. 1-3.
Id. at 3, ¶ III.
Id. at 3, ¶ II.
R. Doc. 1.
R. Doc. 7.
R. Doc. 7-1 at 5-9.
R. Docs. 15, 16, 17.
No. 785-955 (La. Dist. Ct. filed Jul. 25, 2018).
No. 18-cv-7889 (E.D. La. filed Aug. 17, 2018).
No. 18-cv-8071 (E.D. La. filed Aug. 23, 2018).
R. Doc. 1-4, Thompson , 18-cv-8071.
R. Doc. 6, Thompson , 18-cv-8071.
Thompson , 18-cv-8071 (E.D. La. Mar. 14, 2019) (order denying remand).
See
See
Hollinger v. Home State Mut. Ins. Co. ,
Thompson , 18-cv-8071 (E.D. La. Mar. 14, 2019) (order denying remand).
Id. at 4-6.
Id. at 6-10.
Plaintiff in the instant case argues that it is unresolved whether, in addition to CAFA's requirement that the aggregate amount-in-controversy exceeds $5 million,
See Thompson , 18-cv-8071 (E.D. La. Mar. 14, 2019) (order denying remand).
R. Doc. 7-1 at 11-12.
Preston v. Tenet Healthsystem Mem'l Med. Ctr., Inc. ,
R. Doc. 7.
Reference
- Full Case Name
- Larry BERNARD, Sr. v. PROGRESSIVE WASTE SOLUTIONS OF LA, INC.
- Status
- Published