Trabelsi v. Lab. Corp. of Am. Holdings

Full title: RACHA TRABELSI v. LABORATORY CORPORATION OF AMERICA HOLDINGS ET AL.

Court: United States District Court, Eastern District of Louisiana

Date published: Jul 22, 2024

Civil Action 24-328 (E.D. La. Jul. 22, 2024)

Opinion

Civil Action 24-328

07-22-2024

RACHA TRABELSI v. LABORATORY CORPORATION OF AMERICA HOLDINGS ET AL.

JANE TRICHE MILAZZO, UNITED STATES DISTRICT JUDGE.

SECTION: “H”

ORDER

JANE TRICHE MILAZZO, UNITED STATES DISTRICT JUDGE.

The Court now examines subject matter jurisdiction sua sponte. This Court is duty-bound to examine the basis of subject matter jurisdiction sua sponte.¹ Subject matter jurisdiction in this case is premised upon diversity of citizenship.² Cases arising under 28 U.S.C. § 1332 require complete diversity of citizenship.³ “The concept of complete diversity requires that all persons on one side of the controversy be citizens of different states than all persons on the other side.”⁴

1 Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir. 2008).

2 See 28 U.S.C. § 1332; Doc. 1 at 2.

3 See Stiftung v. Plains Mktg., L.P., 603 F.3d 295, 297 (5th Cir. 2010) (citations omitted).

4 McClaughlin v. Miss. Power Co., 376 F.3d 344, 353 (5th Cir. 2004) (internal quotation marks and citations omitted).

On July 19, 2024, the Magistrate Judge granted Plaintiff's Motion to Amend.⁵ Plaintiff's Amended Complaint was thereafter filed in the record, naming Rachel David and Theresa Hayes as additional defendants in the above-captioned matter.⁶

5 Doc. 16.

6 Doc. 17.

In her state court petition, Plaintiff alleges that she is a resident of the state of Louisiana.⁷ And now, in her Amended Complaint, Plaintiff alleges that Defendants Rachel David and Theresa Hayes are both individuals domiciled in the state of Louisiana.⁸ The parties are therefore not completely diverse.⁹Accordingly, the Court lacks jurisdiction over this matter, and this case must be remanded to state court.¹⁰

7 Doc. 1-3.

8 Doc. 17 at 1.

9 See McClaughlin, 376 F.3d at 353.

10 FED. R. CIV. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); B&P Rest. Grp., LLC v. Eagan Ins. Agency, LLC, 538 F.Supp.3d 632, 637 (E.D. La. 2021) (“Remand to state court is appropriate if the federal court lacks subject-matter jurisdiction.”).

CONCLUSION

For the foregoing reasons, the Court finds that it lacks subject-matter jurisdiction. Accordingly, IT IS ORDERED that the above-captioned matter is REMANDED to the 24th Judicial District Court for the Parish of Jefferson.