Billiot, et al v. Terrebonne Parish School Board et al

Filing 147

ORDER AND REASONS granting 125 Motion to Dismiss filed by Defendants Terrebonne Parish School Board, Terrebonne Parish School District, Philip Martin, individually and in his official capacity as Superintendent of Terrebonne Parish School Board, and Gregory Harding, individually and in his official capacity as President of Terrebonne Parish School Board. IT IS FURTHER ORDERED that all other pending motionsMotion for Hearing (Rec. Doc. 127 ), Motion for Partial Summary Judgment (Rec. Doc . 128 ), Motion for Leave to File Document (Rec. Doc. 131 ), Motion for Leave to File Document (Rec. Doc. 133 ), Motion for Leave to File Document (Rec. Doc. 135 ), and Motion for Hearing (Rec. Doc. 137 )are DENIED as moot. Signed by Judge Carl J Barbier on 9/26/24. (cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TEDDY BILLIOT, ET AL.

CIVIL ACTION

VERSUS

NO: 21-1144

TERREBONNE PARISH SCHOOL
BOARD, ET AL.

SECTION: “J”(2)

ORDER AND REASONS
Considering the foregoing Motion to Dismiss (Rec. Doc. 125), filed by
Defendants Terrebonne Parish School Board, Terrebonne Parish School District,
Philip Martin, individually and in his official capacity as Superintendent of
Terrebonne Parish School Board, and Gregory Harding, individually and in his
official capacity as President of Terrebonne Parish School Board, which is opposed by
Intervenor Louis Roy Koerner, Jr. (Rec. Doc. 126),
IT IS HEREBY ORDERED that the motion is GRANTED, and the
Intervenor Complaint of Louis R. Koerner, Jr. as Pro Bono Counsel (Rec. Doc. 123)
is DISMISSED with prejudice. After parties to the original action agreed to a
settlement of all claims (Rec. Doc. 99), this Court permitted Koerner to withdraw as
counsel for Plaintiffs, intervene in the action, and file his Intervenor Complaint.
Through the Intervenor Complaint, Koerner seeks reasonable attorney’s fees for his
previous representation and enforcement of the agreed-upon settlement of parties.
Subsequently, this Court denied Koerner’s request for attorney’s fees (Rec.
Doc. 140) and reconsideration of the same (Rec. Doc. 144). As all previously filed
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claims had been dismissed, Koerner filed an appeal with the Fifth Circuit on the
rulings. (USCA Case Number 24-30551). Accordingly, this Court has provided a final
ruling on the attorney’s fee issue, leading the Intervenor Complaint to be
appropriately dismissed on that basis.
Further, all deadlines for settlement enforcement had long passed at the time
of Koerner’s Intervenor Complaint. Plaintiffs in the original action also submit their
satisfaction with the settlement enaction in a Status Report to the Court. (Rec. Doc.
132). Accordingly, Defendant’s Motion to Dismiss is properly granted, and the
Intervenor Complaint is appropriately dismissed.
IT IS FURTHER ORDERED that all other pending motions—Motion for
Hearing (Rec. Doc. 127), Motion for Partial Summary Judgment (Rec. Doc. 128),
Motion for Leave to File Document (Rec. Doc. 131), Motion for Leave to File
Document (Rec. Doc. 133), Motion for Leave to File Document (Rec. Doc. 135), and
Motion for Hearing (Rec. Doc. 137)—are DENIED as moot.
New Orleans, Louisiana, this 26th day of September, 2024.

____________________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

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