Opinion
CIVIL ACTION NO. 13-6598
06-06-2014
BOBBY MAGEE v. TULANE UNIVERSITY BOARD OF ADMINISTRATORS
ORDER AND REASONS
Presently before the Court is a motion to remand (Rec. Doc. 8) filed by Plaintiff Bobby Magee. Having carefully considered the parties' submissions and applicable law, the Court finds Plaintiff's motion to remand to lack merit. Accordingly, for the reasons set forth in Defendant's comprehensive opposition memorandum (Rec. Doc. 11), IT IS ORDERED that the motion (Rec. Doc. 8) is DENIED. In addition to claims under Louisiana state law, Plaintiff asserts claims under two federal statutes - Title VII of the Civil Rights Act ("Title VII), 42 U.S.C. §2000e, et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. If Plaintiff had filed suit in federal court, rather than state court, this Court would have original federal question subject matter jurisdiction over Plaintiff's Title VII and ADEA claims. Thus, pursuant to 28 U.S.C. § 1441(a), this Court Defendant's removal was proper.
Plaintiff's counsel is reminded of the obligations imposed by Rule 11(b) of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 11(b).
New Orleans, Louisiana, this 6th day of June 2014.
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KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE