Moore et al v. Tangipahoa Parish School Board et al

Filing 1503

ORDER: IT IS ORDERED that Plaintiffs' 1500 objection is OVERRULED; and the Court Compliance Officer's (CCO) findings are AFFIRMED. IT IS FURTHER ORDERED that the 1501 motion for an evidentiary hearing is DISMISSED AS MOOT. Signed by Judge Ivan L.R. Lemelle on 1/9/2018.(jls)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA M.C. MOORE, ET AL. CIVIL ACTION VERSUS NO. 65-15556 TANGIPAHOA PARISH SCHOOL BOARD, ET AL. SECTION "B"(1) ORDER Considering Officer’s “Plaintiffs’ Recommendation in Objection re to Director Court of Compliance Transportation Position” (Rec. Doc. 1500) and “Plaintiffs’ Motion for Evidentiary Hearing and Further Relief” (Rec. Doc. 1501), IT IS ORDERED that Plaintiffs’ objection (Rec. Doc. 1500) is OVERRULED; findings and are the Court AFFIRMED. A Compliance district (CCO) Officer’s court reviews a special master’s conclusions of law de novo. See Fed. R. Civ. P. 53(f) (4). Here, the CCO concluded that Kim Notariano lacked standing to bring a complaint under the court orders regarding staff hiring. See Rec. Doc. 1500- 1 at 2 (referring to Rec. Doc. 866). The CCO relied on an earlier Fifth Circuit decision in this case, which held that non-parties lack standing politically-inspired employment challenges way “in no to challenge decisions” implicate[] the guarantees which require the establishment racially-neutral, unitary because same and “arbitrary or such constitutional maintenance of a school system,” Moore v. Tangipahoa Par. Sch. Bd., 625 F.2d 33, 35 (5th Cir. 1980). See Rec. Doc. 1500-1 at 2. The CCO’s conclusion was correct because Mrs. Notariano’s complaint alleges that the school board is retaliating against her for past complaints and discriminating on the basis of gender. See Rec. Doc. 1500-2 at 4-5. Such allegations do not create standing in the above-captioned matter because they do not involve the constitutional interests addressed by the Court’s staff hiring orders. See Moore, 625 F.2d at 35; Rec. Doc. 866. IT IS FURTHER ORDERED that the motion for an evidentiary hearing (Rec. Doc. 1501) is DISMISSED AS MOOT. New Orleans, Louisiana, this 9th day of January, 2018. ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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