Aguilarv.Perron

United States District Court, W.D. Louisiana, Lafayette-Opelousas DivisionSep 5, 2007
CIVIL ACTION NO. 07-978 (W.D. La. Sep. 5, 2007)

CIVIL ACTION NO. 07-978.

September 5, 2007


ORDER


TUCKER MELANCON, District Judge

On June 8, 2007, defendants Blue Cross/Blue Shield of Louisiana and Benefit Recovery, Inc. (collectively, "Blue Cross") removed this action from the Fifteenth Judicial District Court in and for the Parish of Lafayette, State of Louisiana to this Court [Rec. Doc. 1] based on federal question jurisdiction. On July 9, 2007, plaintiff filed a Motion to Remand [Rec. Doc. 13], and, on July 24, 2007, Blue Cross opposed plaintiff's motion [Rec. Doc. 22]. No other party opposes plaintiff's motion to remand, and it is undisputed that the Court's sole basis for jurisdiction in this matter is Blue Cross's benefit recovery claims made pursuant to the Employee Retirement Income Security Act of 1974, 28 U.S.C. § 1001, et. seq.

On August 31, 2007, based on the representations of plaintiff's counsel, the Court dismissed Blue Cross from this action [Rec. Doc. 40]. As Blue Cross is no longer a party, there are no remaining questions of federal law. As such, this Court lacks subject matter jurisdiction to decide the remaining claims. Under 28 U.S.C. § 1447(c), a district court is mandated to remand a case if, at any time before final judgment, it appears the court lacks subject matter jurisdiction. Accordingly, it is ORDERED that plaintiff's Motion to Remand [Rec. Doc. 13] is GRANTED, and the above captioned matter is REMANDED to the Fifteenth Judicial District Court in and for the Parish of Lafayette, State of Louisiana.

IT IS FURTHER ORDERED that the Clerk of this Court mail a certified copy of this Order of Remand to the Clerk of Court for the Fifteenth Judicial District Court in and for the Parish of Lafayette, State of Louisiana.

THUS DONE AND SIGNED.