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Laney v. Louisiana

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 1, 2016
CIVIL ACTION NO.: 15-00848-BAJ-RLB (M.D. La. Jun. 1, 2016)

Opinion

CIVIL ACTION NO.: 15-00848-BAJ-RLB

06-01-2016

LEIGH LANEY v. STATE OF LOUISIANA, ET AL.


RULING AND ORDER

Before the Court is a Motion to Dismiss (Doc. 7) filed by Defendant State of Louisiana ("Defendant") pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(1). Plaintiff Leigh Laney ("Plaintiff") has filed a memorandum in opposition (Doc. 12), to which Defendant has replied (Doc. 16). Jurisdiction is proper pursuant to 28 U.S.C. § 1331.

Filed on March 17, 2016, Defendant's motion "urges this Court to dismiss Plaintiff's ADA and FMLA claims" claims against the State of Louisiana. (See Doc. 7-1 at p. 1). Such claims were, at the time, pending before this Court. (Doc. 1). Since then, however. Plaintiff has filed an amended complaint, in which she only asserts a Rehabilitation Act claim against the State of Louisiana. (See Doc. 10 at ¶ 4). That complaint now governs this dispute. See Zaidi v. Ehrlich, 732 F.2d 1218, 1219-20 (5th Cir. 1984) (noting that a motion to dismiss does not extinguish a plaintiff's right to amend a complaint).

Plaintiff's amended complaint was filed pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), which permits a party to "amend its pleading once as a matter of course within . . . 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier."

The Court is nonetheless cognizant of its "independent obligation to determine whether subject-matter jurisdiction exists" in this case. Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010); see also Pace v. Bogalusa City Sch. Bd., 403 F.3d 272, 281 (5th Cir. 2005) (holding that § 504 of the Rehabilitation Act, codified as 29 U.S.C. § 794, "validly conditioned Louisiana's receipt of . . . federal funds on its waiver of Eleventh Amendment immunity").

Because Secretary Leblanc was not a party to this lawsuit when Defendant filed its Motion to Dismiss, none of the claims that Plaintiff has subsequently asserted against Secretary Leblanc, see Doc. 10 at ¶ 5, are relevant to this Ruling and Order. --------

In short, Defendant moves to dismiss two claims that no longer exist. Accordingly, Defendant's Motion to Dismiss (Doc. 7) is DENIED as moot.

Baton Rouge, Louisiana, this 1st day of June, 2016.

/s/ _________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA


Summaries of

Laney v. Louisiana

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 1, 2016
CIVIL ACTION NO.: 15-00848-BAJ-RLB (M.D. La. Jun. 1, 2016)
Case details for

Laney v. Louisiana

Case Details

Full title:LEIGH LANEY v. STATE OF LOUISIANA, ET AL.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jun 1, 2016

Citations

CIVIL ACTION NO.: 15-00848-BAJ-RLB (M.D. La. Jun. 1, 2016)