United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY, JUDGE
REPORT AND RECOMMENDATION
L. HAYES, UNITED STATES MAGISTRATE JUDGE
the Court is Louisiana Tech University's motion to
dismiss the plaintiff's complaint under Federal Rule of
Civil Procedure 12(b)(1) for lack of subject matter
jurisdiction. This matter has been referred to the
undersigned for review, report, and recommendation in
accordance with the provisions of 28 U.S.C. § 636 and
the standing orders of the Court.
Louisiana Tech University is an arm of the State of
Louisiana, a suit against it is barred by sovereign immunity.
Thus, the Court lacks subject matter jurisdiction and the
motion to dismiss should be GRANTED.
11, 2016, plaintiff Roslyn J. Caesar filed a charge of
discrimination with the Equal Employment Opportunity
Commission (“EEOC”), alleging disability
discrimination in violation of Title I of the Americans with
Disabilities Act of 1990 (“ADA”), 42 §
U.S.C. 12111, et seq. Caesar alleges she was employed by
Louisiana Tech University as an Administrative Coordinator in
a bookstore located on the university's campus. In May
2015, Caesar had surgery on her shoulder. Caesar was granted
leave under the Family Medical Leave Act from May 29, 2015,
through August 21, 2015. Following this leave, she was unable
to return to work. On August 26, 2015, Caesar received a
letter from Shella S. Trammel informing her that since she
had not returned to work and had less than eight (8) hours of
sick leave, her employment would be terminated. In September
2015, plaintiff's physician informed Caesar that she
could perform sedentary duties but could not otherwise return
to work. Her employment was terminated effective September
14, 2015. Thereafter, Caesar properly submitted a charge of
discrimination to the EEOC in 2016. By letter dated July 24,
2018, the EEOC proposed a conciliation agreement, but on
September 11, 2018, EEOC issued a Notice of Conciliation
letter dated April 23, 2019, the U.S. Department of Justice,
Civil Rights Division issued a Notice of Right to Sue Within
90 Days to Caesar. The Notice advised Caesar that she had the
right to institute a civil action under Title I of the
Americans with Disabilities Act of 1990, 42 § U.S.C.
1211, et seq. against Louisiana Tech.
16, 2019, Roslyn J. Caesar filed the instant complaint
against Louisiana Tech University, alleging that following
her shoulder surgery, her doctor wrote a letter asking for
light duty to prevent her from injuring her shoulder. Caesar
claims that Louisiana Tech chose not to work with her on
finding a suitable arrangement.
August 23, 2019, Caesar, with the aid of counsel, filed her
first amended complaint. Therein, she sought “an award
for damages resulting from her lost wages from the date of
her termination, such future wages as are allowed,
attorney's fees, and costs, as well as any and all other
relief available under either law or equity.”
October 8, 2019, Louisiana Tech filed a motion to dismiss for
lack of subject-matter jurisdiction under Rule 12(b)(1).
[doc. # 13]. On October 25, 2019, Caesar filed her memorandum
in opposition to the motion to dismiss. [doc. # 15]. The
matter is ripe.
Rule 12(b)(1) Standard.
Rule of Civil Procedure 12(b)(1) provides for dismissal for
lack of subject matter jurisdiction. Lack of subject matter
jurisdiction may be found in three instances: (1) the
complaint alone; (2) the complaint supplemented by undisputed
facts evidenced in the record; or (3) the complaint
supplemented by undisputed facts plus the court's
resolution of disputed facts. Barrera-Montenegro v.
United States, 74 F.3d 657, 659 (5th Cir. 1996).
burden of proof for a Rule 12(b)(1) motion to dismiss is on
the party asserting jurisdiction; therefore, the plaintiff
must demonstrate that jurisdiction exists. Ramming v.
United States, 281 F.3d 158, 161 (5th Cir.
2001)(internal citations omitted). Accordingly, the plaintiff
constantly bears the burden of proof that jurisdiction ...