Crystal Aucoin, Jamie Leonard Drywall, L.L.C. Felicia Daigle, Barbara Aucoin, Melissa Loga on Behalf of Her Minor Daughter, Misty Gaudet, Max and Brenda Prejean and Kelly V. Jones on Behalf of Themselves and All Others Similarly Situated VS Gulf South Pipeline Company, Entergy Corporation, Koch Chemical Company, The Dow Chemical Company, Frank's Casing Crew & Rental Tools, Inc., Grey Wolf Drilling Company and The State of Louisiana Through the Department of Natural Resources (2009CA1489 Consolidated With 2009CA1490)
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2009 CA 1489 CRYSTAL AUCOIN JAMIE LEONARD DRYWALL L FELICIA DAIGLE C BARBARA AUCOIN MELISSA LOGA ON BEHALF OF HER MINOR DAUGHTER MISTY GAUDET MAX AND BRENDA PREJEAN AND KELLY V JONES ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED n VERSUS r GULF SOUTH PIPELINE CO ENTERGY CORPORATION KOCH RENTAL CHEMICAL CASING CREW CO THE DOW CHEMICAL CO FRANK S OOLS INC GREY WOLF DRILLING CO THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF NATURAL RESOURCES CONSOLIDATED WITH NO 2009 CA 1490 LOUIS LEBLANC JR MERRILL L CORNAY ELENA LEBLANC ALBERT H LEBLANC JR VERSUS DOW CHEMICAL CO GULF SOUTH PIPELINE CO FRANK CASING S CREW RENTAL TOOLS INC GREY WOLF DRILLING CO THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF NATURAL RESOURCES Judgment rendered September 10 2010 Appealed from the 23rd Judicial District Court in and for the Parish of Assumption Louisiana Trial Court Nos 28 c 28 157 w 122 Honorable Thomas J Kliebert Jr Judge MARVIN GROS ATTORNEYS FOR JEFFERY M HEGGELUND DONALDSONVILLE LA PLAINTIFFS 4TH APPELLANTS CRYSTAL AUCOIN ET AL AND TONYA B CLARK NAPOLEONVILLE LA AND JACK T MARIONNEAUX PLAQUEMINE LA ATTORNEYS FOR DEFENDANTS 1ST APPELLANTS THE DOW CHEMICAL COMPANY AND DOW HYDROCARBONS FORD BARRY MARIONNEAUX F CHARLES MARIONNEAUX MICHELLE LORIO ST MARTIN RYAN N OURS RESOURCES LLC PLAQUEMINE LA AND W ARTHUR ABERCROMBIE JR JOHN STONE CAMPBELL III JOHN A VIATOR BATON ROUGE LA AND MARTIN SAMUEL TRICHE NAPOLEONVILLE LA TERRENCE K KNISTER ATTORNEYS FOR WENDY HICKOK ROBINSON NEW ORLEANS LA DEFENDANT2ND APPELLANT GULF SOUTH PIPELINE COMPANY AND LP VINCENT J SOTILE JR PRAIRIEVILLE LA EDWARD FRANCIS LEBRETON III NEW ORLEANS LA ATTORNEYS FOR AND OIL INSURANCE LTD DEFENDANT3RD APPELLANT STEVEN WILLIAM USDIN CELESTE R COCOEWING EDWARD ROBERT WICKER JR KRISTEN L BECKMAN NEW ORLEANS LA JEFFREY ALLAN RIGGS ATTORNEYS FOR DEFENDANT APPELLEE LAFAYETTE LA S FRANK CASING CREW RICHARD J HYMEL RENTAL TOOLS INC BEFORE KUHN and PETTIGREW 31 and KLINE 7 Pro Tem Judge William F Kline Jr retired is serving as judge pro tempore pursuant to special appointment of the Louisiana Supreme Court 2 PETTIGREW J In the present action 22 pre selected plaintiffs out of approximately 1200 total plaintiffs asserted individual claims for damages allegedly suffered as a result of a natural gas leak Plaintiffs herein are all residents of communities outside of the evacuation zone but claimed to have been inconvenienced in being forced to drive longer alternate routes to and from their residences for a period of 50 days as result of the closure of a portion of La Hwy 70 Following a bench trial the trial court rendered judgment on April 29 2009 and allowed recovery for 18 individual claims of inconvenience andor special damages From this judgment defendants the Dow Chemical Company Dow Hydrocarbons Resources L Gulf South Pipeline Company L and OIL Insurance Ltd have C P suspensively appealed and plaintiffs also appeal the trial court denial of the fear and s fright claims of some plaintiffs This matter was fixed for oral argument on the docket of this court for August 3 2010 at 9 a As the parties in this matter indicated to the court on said date that 30 m settlement of this matter was likely this matter was continued and rescheduled without oral argument for August 24 2010 at 9 a As may be seen by the Joint Motion To 30 m Dismiss Appeal filed herein on August 31 2010 and made a part hereof by reference the parties have amicably compromised all disputes between them including all disputes presently the subject of this appeal and the payment of costs Because the parties have settled this matter the issues raised by the parties on appeal are moot and are not properly before the court at this time Courts may not decide cases that are moot or where no justiciable controversy exists An issue is moot when it has been deprived of practical significance and has been made abstract or purely academic McLain v Mann 20061174 p 3 La App 1 Cir 5 961 So 415 07 4 2d 417 Accordingly this appeal is dismissed as moot All costs associated with this appeal shall be split between plaintiffs and defendants APPEAL DISMISSED 3
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