Larsen v. Red Frog Events, LLC et al

Filing 103

ORDER Adopting the 93 Report and Recommendation of the U.S. Magistrate Judge. The 78 Motion to Remand is DENIED. Plaintiff's claims against West Feliciana Parish, Department of Parks and Recreation are DISMISSED WITHOUT PREJUDICE. Signed by Judge Brian A. Jackson on 12/20/2019. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JENNIFER LARSEN CIVIL ACTION

VERSUS
RED FROG EVENTS, LLC, ET AL. NO.: 17-1665-BAJ-EWD

RULING AND ORDER
Before the Court is the United States Magistrate Judge's Report and
Recommendation (Doc. 93) pursuant to 28 U.S.C. § 636(b)(l). The Report and
Recommendation addresses Plaintiffs Motion to Remand (Doc. 78). This case was
removed to Federal Court from the 20th Judicial District Court for the Parish of West
Feliciana based on 28 U.S.C. § 1332 diversity jurisdiction. (Doc. 1, at 2). Plaintiff
argues that remand is required because Defendant West Feliciana Parish,
Department of Parks and Recreation (West Feliciana") is a properly joined, nondiverse defendant. In their Amended Notice of Removal, Defendants, who oppose this

Motion, argued West Feliciana was improperly joined. Id.
Plaintiffs lawsuit is one of several that arose from the collapse of the "Diesel
Dome during an extreme obstacle race called the "Warrior Dash. (Doc. 36, K 6 & 8).

In tier Motion to Remand, Plaintiff claims to have a viable negligence claim against
West Feliciana, and argues that the Louisiana Recreational Immunity Statute, La.

R.S. § 9:2795(B) does not apply because the Diesel Dome should be considered
playground equipment." (Doc. 78-2, at 5-12). However, the state court to which

Plaintiff seeks remand has ruled in one of this action's sister cases, Alien v. Red Frog

Events, LLC, that West Feliciana is in fact shielded by Louisiana's Recreational Use
Immunity Statute with respect to claims arising out of the collapse of the Diesel
Dome during the Warrior Dash race. (Doc. 93, at 9).

The Report and Recommendation notified the parties that, pursuant to 28
U.S.C. § 636(b)(l), they had fourteen (14) days from the date they received the Report
and Recommendation to file written objections to the proposed findings of fact,
conclusions of law, and recommendations therein. Id. at 1. Neither party objected.

Having carefully considered the underlying Complaint and related filings, the Court
approves the Magistrate Judge s Report and Recommendation, and hereby adopts its
findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report and
Recommendation (Doc. 93) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Plaintiffs Motion to Remand
(Doc. 78) is DENIED.

IT IS FURTHER ORDERED that Plaintiffs claims against West Feliciana
Parish, Department of Parks and Recreation are DISMISSED WITHOUT

PREJUDICE.

Baton Rouge, Louisiana, this ^-^ day of December, 2019

(^
JUDGE BRIA^JV. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA