Peacock v. Board of Supervisors for the University of Louisiana System et al
| Lamonica Peacock |
| Board of Superviors for the University of Louisiana System and Grambling State University at Grambling |
| 3:2023cv00709 |
| August 11, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Defendant |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 AMENDED NOTICE OF REMOVAL, filed by Grambling State University at Grambling, Board of Superviors for the University of Louisiana System.(LLH) |
Filing 12
NOTICE AND ORDER: IT IS ORDERED that the #11 Motion for Leave to Amend Notice of Removal filed by Defendant Board of Supervisors for the University of Louisiana System, Grambling State University at Grambling is HEREBY GRANTED, as it was filed in compliance with the Court's 10 Order and properly identifies the federal law giving rise to the Court's federal question jurisdiction in this case. Accordingly, the Clerk of Court is directed to docket the Amended Notice of Removal at R. Doc. 11-1 into the record of this matter, which shall become the operative Notice of Removal. Signed by Magistrate Judge Erin Wilder-Doomes on 9/28/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 11 MOTION for Leave to Amend Notice of Removal by Board of Superviors for the University of Louisiana System, Grambling State University at Grambling (Attachments: #1 Attachment Amended Notice of Removal)(Hayes, Alex) |
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Filing 10
NOTICE AND ORDER: This Court has the independent obligation to ensure its own subject matter jurisdiction and routinely screens all new filings for jurisdiction. As recognized by Plaintiff Lamonica Peacock (R. Doc. 9, p. 1), the Petition alleges a cause of action for Title IX retaliation, 20 U.S.C. 1681, et seq., arising out of Plaintiff's former employment with Defendant Grambling State University. R. Doc. 1-2, paras. 19-22, 66-71. As such, federal question jurisdiction is apparent from the face of the Petition and existed at the time of removal. However, the basis for that jurisdiction was incorrectly alleged in the Notice of Removal to be a claim raised under Title VII of the Civil Rights Act, 42 U.S.C. 2000e, et seq. R. Doc. 1, para. 4. Regardless, as jurisdiction existed at the time of removal, Plaintiff's #9 Motion to Remand and Incidental Relief, which seeks remand solely based on the defective allegation noted above, lacks merit and is TERMINATED. However, to cure the technically defective jurisdictional allegation, as permitted under 28 U.S.C. 1653 (and see string cite regarding 1653 amendments at Blakeley v. United Cable Sys., 105 F. Supp. 2d 574, 578-79 (S.D. Miss. 2000)), by no later than September 27, 2023 Defendant Board of Supervisors of the University of Louisiana System, Grambling State University at Grambling shall file a motion for leave, which attaches a comprehensive amended Notice of Removal that correctly alleges the federal law giving rise to federal question jurisdiction in this case. If any amended Notice of Removal fails to cure the defective allegations of subject matter jurisdiction, Plaintiff may reurge a Motion to Remand.. Signed by Magistrate Judge Erin Wilder-Doomes on 9/20/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #9 MOTION to Remand and for Incidental Relief. This motion is now pending before the USMJ. (ELW) |
| Filing 9 MOTION to Remand and for Incidental Relief by Lamonica Peacock (Attachments: #1 Proposed Pleading; Proposed Order, #2 Attachment Memorandum in Support, #3 Exhibit Exhibit A, Email from Stacy Campbell to Alex Hayes)(Conrad, William) |
| Filing 8 ANSWER to Complaint with Jury Demand by Board of Superviors for the University of Louisiana System, Grambling State University at Grambling.(Hayes, Alex) |
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Filing 7
ORDER granting #6 Motion for Extension of Time to File Responsive Pleadings on Behalf of Defendant pursuant to Local Rule 7(a). Defendants, Board ofSupervisors for the University of Louisiana System and Grambling State University at Grambling responsive pleadings due September 12, 2023. Signed by Magistrate Judge Erin Wilder-Doomes on 8/25/2023. (BLR)
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| MOTION(S) REFERRED: #6 MOTION for Extension of Time to file Responsive Pleadings. This motion is now pending before the USMJ. (ELW) |
| Filing 6 MOTION for Extension of Time to file Responsive Pleadings by Board of Superviors for the University of Louisiana System, Grambling State University at Grambling (Hayes, Alex) |
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Filing 5
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/2/2023 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/19/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 8/15/2023. (BLR)
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| Filing 4 NOTICE of Civil Filing Cover Sheet #1 Notice of Removal,, by Board of Superviors for the University of Louisiana System, Grambling State University at Grambling (Hayes, Alex) |
| Filing 3 Certificate of Interested Persons by Board of Superviors for the University of Louisiana System, Grambling State University at Grambling identifying Corporate Parent Louisiana Department of Justice Attorney General Jeff Landry, Corporate Parent Office of Risk Management, Division of Administration, Affiliate/Interested Person Lamonica Peacock for Board of Superviors for the University of Louisiana System, Grambling State University at Grambling.. (Hayes, Alex) |
| Filing 2 NOTICE OF DEFICIENCY with LR 7.1 as to #1 Notice of Removal,,. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. OR Failure to add all listed interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (ELW) |
| Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, Case Number 734005. (Filing fee $ 402 receipt number ALAMDC-2619476), filed by Grambling State University at Grambling, Board of Superviors for the University of Louisiana System. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Petition for Damages, #3 Attachment Citation for AG, #4 Attachment Citation for ORM, #5 Attachment Citation for Board of Supervisors)(Hayes, Alex) (Attachment 1 replaced on 8/14/2023) (ELW). Modified on 8/14/2023 to flatten document (ELW). |
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