Kathleen Powell, Jeremy Phillips, Brandi Phillips, Donald Dawson, Barbara Dawson, Michael Montalbano, Evelyn Montalbano, Mitchell Kimball, and Katherine Kimball VS State of Louisiana through the Terrebonne Levee and Conservation District, Terrebonne Parish Consolidated Government, and Coastal Protection and Restoration Authority

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KATHLEEN BRANDI POWELL, PHILLIPS, BARBARA DAWSON, MONTALBANO, MITCHELL JEREMY PHILLIPS, DONALD DAWSON, 2021 NO. CW 0933 MICHAEL EVELYN MONTALBANO, KIMBALL, AND KATHERINE KIMBALL VERSUS STATE OF LOUISIANA TERREBONNE DISTRICT, LEVEE NOVEMBER PARISH GOVERNMENT, PROTECTION THE CONSERVATION TERREBONNE CONSOLIDATED COASTAL THROUGH AND AND 29, 2021 AND RESTORATION AUTHORITY In Re: Kathleen Powell, Dawson, Donald Evelyn Parish GUIDRYI WRIT a the and to Nationstar v. 261 821 So. 3d the interpretation Red Stick to Studio whether the class statute L. L. C. action the Levee granting Motion to by present a State v. So. 3d fact Taking question ex rel. in law. 3d Cir. Levee Action Econ. as petitions court 38: 301, R. S. court of See decision district La. Corp. involving Plaintiffs' the district Terrebonne A deny or law. of Dept 187. Statute ( the Class Matters 181, requires Strike judgment Terrebonne A court must 1993). allegations Accordingly, applies. seq.) discretion in 2021 Defendant, reversed. Tex. 56 necessarily whether District' s ' a N. D. 1/ 19/ 11), La. appropriate determine of Dev., 2010- 0193 ( are 441 ( Court, App. citing Federal Deposit Ins. 918, 912, F. Supp. is 7, July s of any question Schales, La. 2018- 439 ( v. for applying District is there LLC Mortg., 18), Niblo, Dev., if strike court' District, Katherine JJ. filed strike Phillips, Montalbano, Kimball, Judicial CHUTZ, district to motion Conservation motion 12/ 12/ The Michael 190344. No. AND HOLDRIDGE, Brandi Constrantivitch, 32nd writs, Terrebonne, GRANTED. granting Levee of Dawson, Mitchell Milton and supervisory BEFORE: Barbara Montalbano, Kimball, Phillips, Jeremy abused to et its Conservation and Allegations," which is hereby denied. JMG WRC Holdridge, motion for J., concurs. demand a Under La. Code Civ. P. art. 592, a for certification of a class action may be stricken only if the proponent fails to file a timely motion for certification the within allowed and after a delay only A motion to strike is not the proper contradictory hearing. procedural pleading in this case where the proponent has not yet answered the petition to certify the COURT OF and APPEAL, FIRST CIRCUIT r DEPUTY FOR CERK THE the class. OF COURT COURT plaintiffs have not filed a motion

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