Anders v. Sanderson Farms, Inc.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

REGGIE ANDERS, SR., ET AL. CIVIL ACTION

VERSUS NO: 22-2442

SANDERSON FARMS, INC. ET AL. SECTION: “H”(1)

ORDER Before the Court are Defendants Sanderson Farms, Inc. and Sanderson Farms, LLC’s Motion to Dismiss for Improper Venue or, In the Alternative, Motion to Transfer Venue (Doc. 10); and Defendant Sysco Grand Rapids, LLC’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure Rule 12(b)(2) or, In the Alternative, Rule 12(b)(3), or In the Alternative, Rule 12(b)(6) (Doc. 24). Although neither Defendant raised the issue of subject matter jurisdiction in their Motion, “federal courts are duty-bound to examine the basis of subject matter jurisdiction sua sponte . . .”1 For reasons outlined in Doc. 36, the Court finds it does not have subject matter jurisdiction and does not need to address the remaining arguments.

CONCLUSION Based on the foregoing reasons, Defendants’ Motions are DENIED as moot. This matter is DISMISSED WITHOUT PREJUDICE.

New Orleans, Louisiana this 7th day of December, 2022.

1 Union Planters Bank Nat. Ass’n v. Salih, 369 F.3d 457, 460 (5th Cir. 2004). g TRICHE Ls UNITED STATES DISTRICT JUDGE