Arceneaux v. Klein Oak ISD et al

Filing 70

ORDER entered: Now that M.O., the real party in interest, is an adult, she must decide whether to continue prosecuting this case. If M.O. wants to pursue her claims, she must file an amended complaint by July 12, 2019. A failure to do so will result in dismissal for lack of prosecution. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LASHAN ARCENEAUX,
INDIVIDUALLY, AND AS NEXT
FRIEND OF M.O., A MINOR,

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Plaintiffs,
VS.
KLEIN INDEPENDENT SCHOOL
DISTRICT, et al.,
Defendants.

March 27, 2019
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-3234

ORDER
LaShan Arceneaux, the mother of M.O., a minor, sued several teachers, administrators, and
the Klein Independent School District, alleging that they discriminated against M.O. based on her
choice to sit during the recitation of the Pledge of Allegiance. (Docket Entry Nos. 1, 16, 37). In
February 2019, the defendants jointly moved to strike Arceneaux as a party, arguing that she lacks
standing because M.O. has reached the age of majority, and because the court dismissed
Arceneaux’s Establishment Clause claim. (Docket Entry No. 68). Arceneaux responds that the
motion is untimely, and that the court should deny the motion because the remedy at issue is
disfavored. (Docket Entry No. 69).
Arceneaux concedes that M.O. has reached the age of majority. (Id. at 3). Arceneaux may
not, therefore, prosecute M.O.’s claims on her behalf. Stephenson v. McClelland, 632 F. App’x 177,
181 (5th Cir. 2015). Because the court dismissed Arceneaux’s claim, with prejudice, she lacks
standing and is dismissed as party to this action. See Wrecker Works, L.L.C. v. City of Aberdeen,
Miss., 751 F. App’x 413, 418 (5th Cir. 2018).

Federal Rule of Civil Procedure 17(a)(3) provides that the “court may not dismiss an action
for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable
time has been allowed for the real party in interest to ratify, join, or be substituted into the action.”
FED. R. CIV. P. 17(a)(3). Now that M.O., the real party in interest, is an adult, she must decide
whether to continue prosecuting this case. If M.O. wants to pursue her claims, she must file an
amended complaint by July 12, 2019. See Valadez v. United Indep. Sch. Dist., H-8-22, 2008 WL
4200092, at *1 (S.D. Tex. Sep. 10, 2008). A failure to do so will result in dismissal for lack of
prosecution.
SIGNED on March 27, 2019, at Houston, Texas.

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Lee H. Rosenthal
Chief United States District Judge

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