Opinion

Santiago v. Louisiana Stadium and Exposition District

Court
District Court, E.D. Louisiana
Filed
Mar 22, 2023
Cited by
0 cases
Authority
More cited than 22.4%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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