The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DANIELLE SANTIAGO CIVIL ACTION
VER SUS NO. 22-4688
LOUISIANA STADIUM AND EXPOSITION SECTION: “G”
DISTRICT, et al.
ORDER
This litigation arises from an alleged slip and fall on an escalator in the Caesars
Superdome.1 Considering this Court’s Order granting a motion to remand a similar slip and fall
case where Defendant Louisiana Stadium and Exposition District (“LSED”) is a named defendant,
this Court questions the grounds of jurisdiction asserted in the above-captioned matter.2
Even if the plaintiff does not file a motion to remand, the Court must address the
jurisdictional issue sua sponte, because a “party may neither consent to nor waive federal subject
matter jurisdiction.”3 “[S]ubject matter delineations must be policed by the courts on their own
initiative.”4 The Court must remand the case to state court “[i]f at any time before final judgment
it appears that the district court lacks subject matter jurisdiction.”5 For the reasons articulated in
the Court’s remand Order in Pittman v. Louisiana Stadium and Exposition District,6
1 Rec. Doc. 1 at 2.
2 Pittman v. La. Stadium & Exposition District et al., No. 22-3723, Rec. Doc. 24 (Remand Order). Plaintiff
brings a virtually identical lawsuit against the same Defendants as the plaintiff in Pittman, and Defendants also
removed this matter to this Court alleging the requirements for diversity jurisdiction are satisfied. See Rec. Doc. 1 at
1–2, Pittman, No. 22-3723; Rec. Doc. 1 at 1–3. “Federal courts are duty-bound to examine the basis of subject matter
jurisdiction sua sponte.” Union Planters Bank Nat'l Ass'n v. Salih, 369 F.3d 457, 460 (5th Cir. 2004).
3 Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999).
4 Gasch v. Hartford Acc. & Indem. Co., 491 F.3d 278, 281 (5th Cir. 2007).
5 28 U.S.C. § 1447(c).
6 Pittman, No. 22-3723, Rec. Doc. 24 (Remand Order).
IT IS ORDERED that the above captioned case is remanded to the Civil District Court
for the Parish of Orleans, State of Louisiana.
NEW ORLEANS, LOUISIANA, this 21st day of March, 2023.
NANNETTE J Dele BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT