*1 Case 2:06-cv-05732-EEF-SS Document 12 Filed 10/27/06 Page 1 of 2
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DARLEEN JACOBS LEVY ET AL. CIVIL ACTION VERSUS NO: 06-5732 AXIS SURPLUS INSURANCE SECTION: J(1) COMPANY, ET AL.
ORDER Before the Court is the Motion to Remand filed by Plaintiffs (Rec. Doc. 5) . This motion was set for hearing on October 25, 2006. Oral argument was requested; however, the Court determined that such would not be necessary and is ruling on the motion on the briefs alone. Upon review of the record, the memoranda of counsel, and the applicable law, this Court finds that this motion should be denied for the same reasons expressed by Chief Judge Berrigan in the related case, Levy v. AXIS Surplus Insurance Company et al., which involves damages to Plaintiffs’ St. Bernard parish properties as opposed to this lawsuit, which involves damages to Plaintiffs’ Orleans parish properties. (See Case No. 06-5733; Rec. Doc. 11). Accordingly,
IT IS ORDERED that the Motion to Remand filed by Plaintiffs (Rec. Doc. 5) should be and is hereby DENIED .
IT IS FURTHER ORDERED that Plaintiffs’ claims against ACIS, Tusa, and Rodco be DISMISSED .
Case 2:06-cv-05732-EEF-SS Document 12 Filed 10/27/06 Page 2 of 2 IT IS FURTHER ORDERED that the Motion to Dismiss filed by Rodco Worldwide Inc. (Rec. Doc. 7) set for hearing on November 8, 2006, is MOOT based on the above ruling. 26th
New Orleans, Louisiana this day of October, 2006.
____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE 2