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ANOTHER APPELLATE SUCCESS

                 In Maqubool et al vs Sewerage and Water Board of New Orleans the Plaintiffs filed two nearly identical lawsuits in the Civil District Court for the Parish of Orleans seeking to enjoin the Sewerage and Water Board from contracting with a consultant to fill certain key vacancies. The first suit which involved an "RFP" was allotted to Judge Sidney Cates and resulted in the granting of each of the exceptions advanced by the Sewerage and Water Board and a dismissal of Plaintiffs' case which was not appealed.  The second suit which involved an "RFQ" was allotted to Judge Kern Reese and resulted in various rulings in favor of Plaintiffs..   Defendant-Appellant, Sewerage & Water Board of New Orleans, appealed Judge Reese’s rulings which denied its Motion to Transfer, denied its Exceptions of Res Judicata, No Right of Action, No Cause of Action, Vagueness and/or Ambiguity, and Lack of Subject Matter Jurisdiction, and granted, in part, Plaintiffs-Appellees’ Request for Preliminary Injunction.  A three judge panel of the Louisiana Fourth Circuit Court of Appeal consisting of Judges Roland L. Belsome,  Daniel L. Dysart and  Regina Bartholomew-Woods reversed  Judge Reese’s judgment denying the motion to transfer, vacated the remainder of the judgment, and remanded with instructions.  

                  In reaching its decision the panel in an opinion authored by Judge Bartholomew-Woods aptly observed:

                              In this instant matter, a transfer to Division “C,” the division that adjudicated

                              the initial action, was proper. The defendants and plaintiffs in both actions are the

                              same parties. Further, Appellees’ claims do not give rise to “different” relief; in

                              both the initial and subsequent filings, Appellees asserted irreparable harm as a

                              result of the RFP. Moreover, the RFQ seeks to fill the same positions as the RFP.

                             Thus, the RFQ does not present a different consideration. Under these

                              circumstances, we find that the trial court erred in denying the motion to transfer,

                              and reverse this ruling.

                  Kudos to Aaron & Gianna shareholders Bill Aaron and  DeWayne Williams who represented the Sewerage and Water Board before the Court of Appeal.

 

       

                                      

 

 

 

 

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