Opinion
16:22-CV-01127
09-27-2023
LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT v. UNITED STATES OF AMERICA ET AL
CAROL B. WHITEHURST MAGISTRATE JUDGE
JUDGMENT
ROBERT R. SUMMERHAYS, JUDGE
The present matters before the Court are the following motions: (1) the United States' Motion to Dismiss Plaintiffs First Amended Complaint [ECF No. 33]; (2) the United States' Motion to Dismiss Plaintiffs Fourth Amended Complaint [ECF No. 64]; and (3) St. Martin Parish Government's (“SMPG”) Rule 12(b)(6) Motion to Dismiss Fourth Amended Complaint [ECF No. 70]. The Magistrate Judge issued a Report and Recommendation (“R&R”) addressing the United States' motions [ECF No. 89], and a separate R&R addressing the SMPG motion [ECF No. 84], The Lafayette City-Parish Consolidated Government (“LCG”) has objected to both R&Rs. Based upon the reasons stated in the Court's Memorandum Ruling, IT IS ORDERED THAT the Court adopts the recommendations in the R&R [ECF No. 89] with respect United States' Motions to Dismiss [ECF Nos. 33 and 64]. LCG's claims against the United States are DISMISSED WITHOUT PREJUDICE;
IT IS FURTHER ORDERED THAT the Court adopts the recommendations in the R&R [ECF No. 84] with respect to LCG's Commerce Clause claims. Those claims are DISMISSED;
IT IS FURTHER ORDERED THAT the Court adopts the recommendations in the R&R [ECF No. 84] with respect to LCG's claims regarding Ordinance 14-71. Those claims are DISMISSED;
IT IS FURTHER ORDERED THAT the Court declines to adopt the recommendations in the R&R [ECF No. 84] with respect to LCG's claims regarding the Home Rule Charter; and
IT IS FURTHER ORDERED THAT the case is hereby REMANDED to the 15th Judicial District Court, Lafayette Parish, Louisiana.