Opinion
No. 01-1914
June 21, 2002
IT IS ORDERED that the motion to dismiss for lack of subject matter jurisdiction and the amended motion to dismiss for lack of subject matter jurisdiction filed by Argosy of Louisiana, Inc., Argosy Gaming Company and Catfish Queen Partnership in Commendam, are hereby DENIED. Even before enactment of 28 U.S.C. § 1367, the argument presented was squarely addressed by the Fifth Circuit in Feigler v. Tidex, Inc., 826 F.2d 1435 (5th Cir. 1987) and Loeber v. Bay Tankers. Inc., 924 F.2d 1340 (5th Cir.), cert. denied, 502 U.S. 819 (1991). In any event, Section 1367(a) provides "the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy . . ." and that "[S]uch supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties." Here, the claim that the Jones Act injury was an aggravation of the earlier land-based injury meets that requirement.
IT IS FURTHER ORDERED that this matter be redesignated on the "New Orleans" docket. A majority of the parties have requested the redesignation, and the remaining parties have advised that they had no preference.