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)

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