Jones v. Arcadia Nursing & Rehabilitation et al

Filing 162

MEMORANDUM ORDER. The court finds that plaintiff's assertion of claims against (i.e., joinder of) a non-diverse defendant destroys the court's diversity jurisdiction, thereby compelling remand. 28 U S C § 1447(e). A judgment of remand will be entered separately. Signed by Magistrate Judge Karen L Hayes on 3/25/2019. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JENNIFER JONES, INDIVIDUALLY
AND ON BEHALF OF THE ESTATE
OF HER MOTHER, JEWEL
WALKER, DECEASED

*

CIVIL ACTION NO. 15-2910

VERSUS

*

MAG. JUDGE KAREN L. HAYES

ARCADIA NURSING AND
REHABILITATION CENTER, L.L.C.,
ET AL.
MEMORANDUM ORDER
Pursuant to a January 29, 2019, telephone conference with counsel for the parties and the
Louisiana Patient’s Compensation Fund (“PCF”), the court directed the parties to brief whether it
would continue to enjoy diversity jurisdiction if the PCF were substituted as a defendant. See
Jan. 29, 2019, Minutes [doc. # 154]. Thereafter, the court received and reviewed memoranda
submitted by plaintiff and the PCF regarding this issue. [doc. #s 155-156]. In a February 13,
2019, order the court determined that if plaintiff petitioned the court to join the PCF as a
defendant, to assert claims against the PCF, and/or to seek a judgment against the PCF, then
jurisdiction would be destroyed and the matter remanded to state court. (Feb. 13, 2019, Order
[doc. # 157]).
On March 5, 2019, plaintiff filed a “Petition to Authorize Settlement of Medical
Malpractice Action and for Recovery Against the Louisiana Patient’s Compensation Fund for
Damages,” which included a prayer for damages, fees, and interest against the PCF and the

Louisiana Patients Compensation Fund Oversight Board. [doc. # 158] (emphasis added).1
Accordingly, for reasons detailed in the court’s February 13, 2019, order, the court finds
that plaintiff’s assertion of claims against (i.e., joinder of) a non-diverse defendant destroys the
court’s diversity jurisdiction, thereby compelling remand. 28 U.S.C. § 1447(e).2 A judgment of
remand will be entered separately.
In Chambers, at Monroe, Louisiana, this 25th day of March 2019.

__________________________________
KAREN L. HAYES
UNITED STATES MAGISTRATE JUDGE

1

On March 21, 2019, the PCF filed its response to the petition for damages. [doc. #

161].
2

Having permitted joinder, remand to state court is not only proper, it is mandatory. Id.;
Hensgens v. Deere & Co., 833 F.2d 1179, 1182 (5th Cir. 1987).
2