Opinion
Criminal NO. 98-165, SECTION "B", MAGISTRATE "2"
May 21, 2002
LANNY R. ZATZKIS, T.A., KAREN D. MCCARTHY, YVETTE A. D'AUNOY, ANDREW N LEE, ZATZKIS MCCARTHY ASSOCIATES, New Orleans, Louisiana, for Robert Guidry
RALPH CAPITELLI, CAPITELLI WICKER, New Orleans, Louisiana, for Robert Guidry
ARTHUR A. LEMANN, III, ARTHUR A. LEMANN, III ASSOCIATES, New Orleans, Louisiana, for Robert Guidry
FRED P. HARPER, New Orleans, Louisiana, for the United States
P. RAYMOND LAMONICA, LEONCE GAUTREAUX, Baton Rouge, Louisiana, for the State of Louisiana
JOEL E. GOOCH, BLAISE M. SONNIER, ALLEN GOOCH, A LAW CORPORATION, Lafayette, LA, for the State of Louisiana
JUDGMENT
Considering the stipulation entered into between the United States, the State of Louisiana, and Robert Guidry, as read into the record in open Court, and approved by the Court on April 22, 2002, prior to hearing on the Motion for Preliminary Injunction and Stay filed by the United States, and the facts and the law: APPEARANCES:
Lanny Zatzkis, Ralph Capitelli, and Andrew Lee for Robert Guidry
Joel E. Gooch, Blaise Sonnier, and Leonce Gautreaux for the State of Louisiana
Fred Harper for the United States IT IS ORDERED that there be a limited lifting of the stay of the proceedings entitled State Of Louisiana v. Robert Guidry pending in the 19th Judicial District Court bearing proceedings number 465-349, for the limited purpose of allowing the State Court to receive memoranda, hear the Exception of No Cause of Action/Exception of No Right of Action filed by Robert Guidry and render its decision.
IT IS FURTHER ORDERED that in no event shall the State of Louisiana or Robert Guidry conduct discovery in any manner whatsoever in the State of Louisiana v. Guidry matter, including but not limited to taking depositions, until further orders of this Court or as set forth hereinbelow.
IT IS FURTHER ORDERED that the State of Louisiana and Robert Guidry may pursue appeals and/or writs in the courts of the State of Louisiana following the State Court's decision on the Exception of No Cause of Action/Exception of No Right of Action, provided neither party conducts discovery until further orders of this Court or as set forth hereinbelow.
IT IS FURTHER ORDERED that in the event the Exception of No Cause of Action/Exception of No Right of Action filed by Robert Guidry is granted, but the State Court allows the State of Louisiana leave to amend its Petition for Damages, Guidry shall not take any action in State of Louisiana v. Guidry for a period of ninety (90) days to allow the State of Louisiana to amend its Petition in State of Louisiana v. Guidry, from the day the this stay is lifted by the order of this Court or as set forth hereinbelow.
IT IS FURTHER ORDERED that in the event the Exception of No Cause of Action/ No Right of Action is denied, the stay shall remain in effect until further orders of this Court or as more fully set forth hereinbelow.
IT IS FURTHER ORDERED that within thirty (30) days of the final decision of the United States Fifth Circuit Court of Appeals, including en banc proceedings, the United States shall advise the Court either by letter or by filing a motion stating its position with respect to the continued stay of the proceedings in the State of Louisiana v. Guidry. In the event that the United States has not advised the Court of its intention by letter or by motion within thirty (30) days as aforesaid, the stay previously issued by this Court will be lifted without further proceedings. In the event the United States desires to continue the stay in effect, it shall file its memorandum at the time it files its motion. The remaining parties shall file memoranda stating their respective positions within fifteen days from the date of filing of the moving party's Motion. No party shall take any action in State of Louisiana v. Guidry except as specifically provided for in this judgment pending this Court's decision in connection with the hearing described herein to occur subsequent to the ruling of the United States Fifth Circuit Court of Appeals in United States v. Edwards.