CIVIL DISTRICT COURT FOR THE PARISH OF ORLEAN 540 STATE OF LOUISIANA NO. 18-3843 DIVISION "I" SECTION: 14 THE SOUTHERN CENTER FOR ENVIRONMENTAL JUSTICE, INC. d/b/a DEEP SOUTH CENTER FOR ENVIRONMENTAL JUSTICE, VAYLA NEW ORLEANS, JUSTICE AND BEYOND, 350 NEW ORLEANS, SIERRA CLUB, MR. THEODORE QUANT, AND MS. RENATE HEURICH VERSUS THE COUNCIL OF THE CITY OF NEW ORLEANS, THE UTILITY, CABLE, TELECOMMUNICATIONS AND TECHNOLOGY COMMITTEE OF THE NEW ORLEANS CITY COUNCIL, JASON R. WILLIAMS, HELENA MORENO, JOSEPH I. GIARRUSSO, JAY H. BANKS, KRISTIN GISLESON PALMER, JARED C. BROSSETT, AND CYNDI NGUYEN FILED: DEPUTY CLERK MOTION FOR SUSPENSIVE APPEAL NOW INTO COURT, through undersigned counsel, come defendants The Council of the City of New Orleans; The Utility, Cable, Telecommunications and Technology Committee of the New Orleans City Council; Jason R. Williams; Helena Moreno; Joseph I. Giarrusso; Jay H. Banks; Kristin Gisleson Palmer; Jared C. Brossett; and Cyndi Nguyen (hereinafter, the "Council"), who respectfully move the Court for a suspensive appeal from the Court's July 2, 2019 Judgment in the above-captioned matter, as set forth below: 1. On July 2, 2019, the Court entered a Judgment in favor of Plaintiffs, finding a violation of the Louisiana Open Meetings Law, La. R.S. § 42:11, et seq. and declaring that the action of the Utility, Cable, Telecommunications and Technology Committee of the New Orleans City Council on February 21, 2018 and the March 8, 2018 action of the New Orleans City Council adopting Council Resolution No. R-18-65 are void. See Notice of Signing of Judgment, attached hereto as "Exhibit A." . 2. The July 2, 2019 Judgment is a final judgment pursuant to article 1841 of the Louisiana Code of Civil Procedure. IFIED 3. The City desires to suspensively appeal the Court's July 2, 2019 Judgment and seeks an order granting its Motion for Suspensive Appeal and setting a return date for the appeal in the appellate court, pursuant to article 2121 of the Louisiana Code of Civil Procedure. 4. The City further requests that the Court fix no security for the City's suspensive appeal of the July 2, 2019 Judgment. In accordance with La. R.S. § 13:4581, these proceedings arise from the New Orleans City Council's discharge of its official duties under the Louisiana Constitution and the City of New Orleans' Home Rule Charter. Therefore, the City "shall not be required to furnish any appeal bond or any other bond in any judicial proceedings instituted by or brought against them." WHEREFORE, the City prays that the Court grant its Motion for Suspensive Appeal. Re p ctfully su . itt d, CO IN ST. RAYMONMSB #31330 DEPUTY CITY ATTORNEY WILLIAM R.H. GOFORTH, LSB #33153 ASSISTANT CITY ATTORNEY CHURITA H. HANSELL, LSB #25694 CHIEF DEPUTY CITY ATTORNEY DONESIA D. TURNER, LSB #23338 SENIOR CHIEF DEPUTY CITY ATTORNEY SUNNI J. LEBEOUF, LSB #28633 CITY ATTORNEY 1300 Perdido Street, Ste. 5E03 New Orleans, Louisiana 70112 Telephone: 504-658-9920 Facsimile: 504-658-9868 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing pleading(s) have been forwarded to opposing counsel by facsimile, electronic mail, or by depositing a copy of same in the U.S. Mail, postage prepaid this 8th day of July, 2019. CO ST. RAYMOND 2 F i M. D CIVIL DISTRICT COURT FOR THE PARISÈ FÜRLSÄÑ STATE OF LOUISIANA NO. 18-3843 DIVISION "I" SECTION: 14 THE SOUTHERN CENTER FOR ENVIRONMENTAL JUSTICE, INC. d/b/a DEEP SOUTH CENTER FOR ENVIRONMENTAL JUSTICE, VAYLA NEW ORLEANS, JUSTICE AND BEYOND, 350 NEW ORLEANS, SIERRA CLUB, MR. THEODORE QUANT, AND MS. RENATE HEURICH VERSUS THE COUNCIL OF THE CITY OF NEW ORLEANS, THE UTILITY, CABLE, TELECOMMUNICATIONS AND TECHNOLOGY COMMITTEE OF THE NEW ORLEANS CITY COUNCIL, JASON R. WILLIAMS, HELENA MORENO, JOSEPH I. GIARRUSSO, JAY H. BANKS, KRISTIN GISLESON PALMER, JARED C. BROSSETT, ANDCYNDINGUYEN FILED: DEPUTY CLERK ORDER Considering the foregoing Motion for Suspensive Appeal: IT IS ORDERED that the Defendants' Motion for Suspensive Appeal be and hereby is GRANTED. The return date of the appeal in the appellate court is set forth within the delays allowable by law. Pursuant to Louisiana Revised Statute § 13:4581, Defendants shall furnish no security for the suspensive appeal granted herein. This day of , 2019, New Orleans, Louisiana. THE HONORABLE PIPER D. GRIFFIN DISTRICT COURT JUDGE, DIVISION "I" VERIFIED Civil District Court for the Parish of Orleans STATE OF LOUISIANA No: 2018 - 03843 Diy sion/Section: 1-14 DEEP SOUTH CENTER FOR ENVIRONMENTAL JUSTICE . .ETAL EiÃL versus THE COUNCIL OF THE CITY OF NEW ORLEANS ETAL ET AL Date Case Filed: 4/19/2018 NOTICE OF SIGNING OF JUDGMENT TO: Alexander H Bollag Esq 34447 404 S Jefferson Davis Pkwy New Orleans, LA 70119 Corwin M St Raymond Esq 1300 Perdido Street City Attorney's Office New Orleans, LA 70112 31330 William P Quigley Esq 07769 Loyola Law School 7214 Saint Charles Ave New Orleans, LA 70118-3538 Monique C Harden Esq 24118 2332 Dublin St New Orleans, LA 70118-1015 In accordance with Article 1913 C.C.P., you are hereby notified that Judgment in the above entitled and numbered cause was signed on July 2, 2019 New Orleans, Louisiana July 2, 2019 . MINUTE CLERK VERIFIED a EXHIBIT CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA CASE NO. 18-3843 DIVISION "I" Section 14 THE SOUTHERN CENTER FOR ENVIRONMENTAL JUSTICE, INC. d/b/a DEEP SOUTH CENTER FOR ENVIRONMENTAL JUSTICE, VAYLA NEW ORLEANS, JUSTICE AND BEYOND, 350 NEW ORLEANS, SIERRA CLUB, MR. THEODORE QUANT, AND MS. RENATE HEURICH VERSUS THE COUNCIL OF THE CITY OF NEW ORLEANS, THE UTILITY, CABLE, TELECOMMUNICATIONS AND TECHNOLOGY COMMITTEE OF THE NEW ORLEANS CITY COUNCIL, JASON R. WILLIAMS, HELENA MORENO, JOSEPH L GIARRUSSO, JAY H. BANKS, KRISTIN GISLESON PALMER, JARED C. BROSSETT, AND CYNDI NGUYEN FILED: Deputy Clerk JUDGMENT Petitioners' Amended Petition to Enforce the Louisiana Open Meetings Law, for Declaratory Judgment, Injunction, and Attorneys' Fees and Costs came before this Court for hearing on July 19, 2018. Present at the hearing in court were: William Quigley, Monique Harden, Alexander Bollag, Susan Stevens Miller, and Jill Tauber, for petitioners; and Corwin St. Raymond, William Goforth, and Cherrell S. Taplin, for defendants. After considering the pleadings and memoranda filed with this Court, the evidentiary record, and the arguments of counsel, this Court announced its ruling in open court on June 14, 2019. The Court explained this judgment is to make sure that "citizens voices are heard" at City Council meetings. Regarding the February 21, 2018 meeting of the Utilities, Cable, Telecommunications and Technology Committee of the New Orleans City Council ("UCTTC") and the March 8, 2018 meeting of the New Orleans City Council (the "Council"), the Court found that the Council "did nothing wrong." The Court acknowledged the Council's own investigatory findings that, as a result of Entergy New Orleans' actions, "paid citizens were present" at public ineätings held on October 16, 576Öl7 and February 21, 2618. The Cöúrt further found that "Entergy's actions undermined" the Open Meetings Laws, La. R S. 42:11, et seg. Finally, the Court found that "the Open Meetings Laws were not adhered to as relates to the meaning and policy behind the Open Meetings Laws." Regarding the February21, 2018 meeting of the.Utilities, Cable6 Telecoinmunicátioás and Technolðgy Committee ofthe New Orleans City Council, the Court finds thát the Open Meetingn Law was violated Regarding the March 8, 2018 fúeeting of the New Orleans City Council, the Court does not find that the Open Meetings Law was violated. However, the February 21, 2018 action was a necessary component of the full couhcil's decision to adopt Resolutlöñ Nö. 18L65. As such, fhe full council's vote to adopt the resolution was void áb initio. IT IS ORDERED, ADJUDGEDAND DECREBD that, for the reasons stated in open court on June 14, 2019, there he judgment in FAVOli of petitioners, The Southefù Center for Environmental Justice, Inc d/b/a Deep South Center for Environmental Justice, VAYLA Néw Orlòans, Justice and Beyond, 350 New Órleans, Sierra Club, Mr. Theodore Quant añd Ms Renate Heurichgand ÄGAINST defeñdants, The Council of the City of Nèw Orleans,. the Utility, Cable, Telecõinmúnications and Technology Comníittee of the New Órlgant City Cönneil, Jäson R. Williams, Helena Moreno, Joseph I. Giarrusso, .iay H. Banks, Rfistih Gi 541leson Palmer, Jared C. Brossett, and Cyndi Nguyen; and IT IS FURTHER ORDERED, ADJUDGED and DECREED thàt, for the reasons stated in open court on June 14, 2019, the äction ofthe then-sitting members ofthe UCTTC åt its February 21, 2Öi8 ineeting is VOID; and IT IS FURTI-ÍER ORDERED, ADJUDGED and DECRBED that, for the reasons stafed in open coürt oh June 14, 2019, the action of the then-sitting menibers df the New Orleans City Council adopting Cöuircil Resolùtión No. R-18-65 at a March 8, 20l$ rneetingis VOID. Néw Orleans, Louisiana3 this day of 2019. THE HO RÅBLE PIPER D.. GR F7IN DISTRICT CÓURT JUDGE, DIVISÍON "I's A TRUE CO Y DEPUTY CLERK, CML DISTRICT CDÚRT PARISH OF ORLEANS STATE OF ! A