Case 1:10-cv-01849-SMH-MLH Document 18 Filed 01/26/11 Page 1 of 2 PageID #: 280

MINUTES [01:00]
JANUARY 26, 2011
MAGISTRATE JUDGE MARK HORNSBY
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

CITY OF ALEXANDRIA, ET AL. CIVIL ACTION NO. 10-1849

VERSUS JUDGE S. MAURICE HICKS, JR.

FEDERAL EMERGENCY MANAGEMENT MAGISTRATE JUDGE HORNSBY

AGENCY, ET AL.

The Court held a telephone status conference in the above-captioned matter on

January 26, 2011 at 9:00 a.m. Jimmy Faircloth participated on behalf of Plaintiff, the City

of Alexandria. Mark Vilar participated on behalf of Plaintiff, the City of Pineville. Katherine

Vincent participated on behalf of the Defendants.

The hearing on the Motion for Preliminary Injunction remains set for March 7, 2011

at 9:00 a.m. in Shreveport, Louisiana. The Consent Agreement of January 18, 2001

(Record Document 16) remains in place. Defendants’ opposition to the Motion for

Preliminary Injunction shall be filed by February 4, 2011.

Defendants’ Motion to Dismiss on the grounds of sovereign immunity shall be filed

today (January 26, 2011). Plaintiffs’ opposition is due no later than February 4, 2011.

Defense counsel indicated that her clients object to any discovery and that she will

be filing a Motion for Protective Order. The Motion for Protective Order shall be filed no

later than January 31, 2011. Plaintiffs’ opposition is due no later than February 4, 2011.

Notwithstanding the defense objection to discovery, the parties indicated that any

discovery permitted by the court in preparation for the March 7, 2011 hearing should be
Case 1:10-cv-01849-SMH-MLH Document 18 Filed 01/26/11 Page 2 of 2 PageID #: 281

streamlined due to the likelihood of factual stipulations. Plaintiffs are to submit a first draft

of proposed stipulations to Defendants by February 11, 2011. Any response by

Defendants to the proposed stipulations is due to Plaintiffs no later than February 16,

2011. Final factual stipulations shall be filed in the record no later than March 2, 2011.

The parties were also instructed to hold open the weeks of February 14, 2011 and

February 21, 2011 for depositions. Mr. Faircloth indicated that he had previously sent a

letter to Ms. Vincent summarizing the topics he wished to cover during the depositions of

FEMA and U.S. Army Corps of Engineers representatives. Ms. Vincent is to review this

letter and, if possible, identify the appropriate representative(s) from each agency to appear

for the depositions.

Plaintiffs’ witness list and exhibit list for the March 7, 2011 hearing shall be filed no

later than February 25, 2011. Defendants’ witness list and exhibit list shall be filed no later

than March 2, 2011. Witnesses and exhibits must be listed with particularity.

During the conference, the parties once again discussed the issue of “unnamed

indispensable parties,” including the Red River, Atchafalaya and Bayou Bouef Levee

District and the Nineteenth Louisiana Levee District. Counsel for the City of Alexandria also

identified the State of Louisiana as a possible indispensable party in light of the factual

dispute regarding that status of certain funds, namely whether the funds, which are held

in the state treasury, are state or federal funds. The parties indicated, and the undersigned

agreed, that no action on the issue of indispensable parties is necessary or needed at this

time.

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