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Climmons v. Turner Industries Group, L.L.C.

United States District Court, E.D. Louisiana

April 30, 2015

WALTER LEE CLIMMONS, JR
v.
TURNER INDUSTRIES GROUP, L.L.C., SECTION:

ORDER

NANNETTE JOLIVETTE BROWN, District Judge.

Before the Court are the following motions: (1) Turner Industries Group, L.L.C.'s ("Turner Industries") "Motion to Dismiss for Lack of Jurisdiction;"[1] (2) CF Industries Inc.'s ("CF Industries") "Motion to Dismiss for Lack of Jurisdiction;"[2] and (3) Taylor, Wellons, Politz & Duhe, Aplc's ("Taylor Wellons") "Motion to Dismiss for Lack of Jurisdiction."[3] Having considered the motions, the memoranda in support and in opposition, the record, and the applicable law, the Court will grant each motion.

I. Background

On September 8, 2014, Plaintiff Walter Lee Climmons, Jr. ("Climmons"), proceeding pro se, filed an ambiguous complaint that appears to allege wrongful termination of workers' compensation benefits.[4] The original complaint, in its entirety, states as follows:

Law Sue. [sic] Wrongful determination of benefits and discrimination and prejudice. Honorable Judge Elizabeth sided with Turner Industries when witness Doctor Michael Fischer said: He saw me (Walter Climmons) getting out of a SUV limping and getting back the [sic] SUV laughing. From that point onward I no longer received any benefits from Turner Industries and Worker's Compensation. I am here by [sic] suing Turner Industries Group, Worker's Compensation, and Plant facility of CF, in the amount of $2, 000, 000. Etc [sic].

On October 20, 2014, Climmons filed an amended complaint which states, in its entirety, that:

During the month and year of August 28-29, 2007[, ] I, Walter Climmons [was] working in the Plant Refinery of CF under the subcontract of Turner Industries. While building a hanging scaffold in CF Industries pipe wrack [sic] I was injured. I, Walter Climmons feel strongly that CF Industry should also be helded [sic] accountable.[5]

On November 24, 2014, Turner Industries filed a motion to dismiss, wherein it seeks dismissal of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction.[6] Climmons filed a memorandum in opposition on December 15, 2014.[7] On January 19, 2015, CF Industries filed a motion to dismiss for lack of jurisdiction, wherein it seeks dismissal for improper venue and for failure to state a claim due to prescription.[8] On February 18, 2015, Taylor Wellons filed its motion to dismiss for lack of jurisdiction, wherein it incorporates by reference the entire memorandum submitted by Turner Industries.[9]

II. Turner Industries' Motion to Dismiss

A. Parties' Arguments

Turner Industries argues that dismissal is appropriate pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction.[10] First, Turner Industries contends that this Court lacks federal question jurisdiction pursuant to 28 U.S.C. § 1331 because the complaint fails to allege a claim "arising under the Constitution, laws or treaties of the United States."[11] Next, Turner Industries argues that this Court lacks subject matter jurisdiction because 28 U.S.C. § 1445 prohibits removal of a workers compensation case from state court to a federal district court, and "[c]ertainly, if a claim based on a state's worker's compensation laws is not properly removable to federal court, that same claim should not have original jurisdiction in federal court."[12] Finally, Turner Industries contends that this Court does not have diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a)(1) because the parties are not completely diverse. Turner Industries contends that it is an L.L.C. with at least one member who is a citizen of Louisiana, and that Climmons is a citizen of Louisiana.[13]

In response, Climmons states as follows:

I, Walter Climmons[, ] hereby motion to your honor not to have case #14-2052 dismiss [sic]. I feel that Turner Industries Group have miss used [sic] their position wealth and power against me Walter Lee Climmons. They are responsible for my on the job injury. Because I am poor and uneducated Turner Industries have taking [sic] advantage of my misfortuntion [sic] and lied against me and I have no money or experience nor ...

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