Opinion
CIVIL ACTION NO. 14-1049
03-09-2016
LEON W. DAVIS v. LOUISIANA BOARD OF SUPERVISORS OF UNIVERSITY OF LOUISIANA SYSTEMS o/b/o NORTHWESTERN STATE UNIVERSITY
MAG. JUDGE PEREZ-MONTES
RULING AND JUDGMENT
Before the court is a "Motion to Dismiss" filed by Defendant in the above-captioned employment discrimination suit. (Doc. 30). Defendant's motion is not opposed by Plaintiff. (Doc. 34). Having reviewed the instant motion, finds that its premise is well supported by applicable jurisprudence. Accordingly, it is hereby,
ORDERED, ADJUDGED and DECREED that Defendant's Motion to Dismiss is GRANTED in that Plaintiff's claim for relief under the Age Discrimination in Employment Act ("ADEA") is DISMISSED with prejudice based upon our finding that this court lacks subject matter jurisdiction over same by virtue of Louisiana's Eleventh Amendment immunity from suit for claims under that statute. Kimel v. Florida Board of Regents, 528 U.S. 62 (2000); Raj v. Louisiana State University, 167 So.3d 1023 (La. App. 1 Cir. 2015). Plaintiff's remaining claims of race and disability-based discrimination are hereby preserved for further proceedings. In light of the foregoing, it is further
ORDERED that the parties file a new plan of work in this case within thirty (30) days of the issuance of this ruling and judgment.
SIGNED at ALEXANDRIA, LOUISIANA this 9th day of March, 2016.
/s/ _________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT