Magee v. Tulane University Board of Administrators

Filing 22

ORDER and REASONS denying 8 Motion to Remand, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/6/2014. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BOBBY MAGEE

CIVIL ACTION

VERSUS

NO. 13-6598

TULANE UNIVERSITY BOARD OF ADMINISTRATORS

SECTION "N" (2)

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.1 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.
New Orleans, Louisiana, this 6th day of June 2014.

__________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

1

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).