Opinion
CIVIL ACTION NUMBER 02-284-RET-DLD.
November 13, 2008
ORDER
The Court sua sponte raises the question of jurisdiction over the subject matter in this case, in connection with the plaintiff's claims of race discrimination, and, accordingly,
IT IS ORDERED that defendant shall file a memorandum concerning subject matter jurisdiction on or before November 25, 2008, and plaintiff shall file a memorandum concerning same on or before December 15, 2008. The parties' memoranda shall address the implications for this case of the Fifth Circuit's decisions in Pacheco v. Mineta, 448, F.3d 783 (5th Cir. 2006) and Gerac-Ogashi v. Iberia General Hospital, 952 F. Supp. 360 (W.D.La., 1996), regarding failure to exhaust administrative remedies as they relate to plaintiff's claims of race discrimination.