Opinion
2021 CA 1128
02-25-2022
AUTUMN YOUNG, WENDI LEE, MEGAN VENTRESS, COURTNEY RAE COOK, ADRIAN ROBERTS, AND FELICIA WALTERS v. STATE OF LOUISIANA; LOUISIANA WORKFORCE COMMISSION; GOVERNOR JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY; AVA DEJOIE CATES, IN HER OFFICIAL CAPACITY
Ellyn J. Clevenger Wendy Manard Mandie Landry New Orleans, LA Counsel for Plaintiffs/Appellants Autumn Young, Wendi Lee, Megan Ventress, Courtney Rae Cook, Adrian Roberts, and Felicia Walters Carey T. Jones David J. Smith, Jr Alicia E. Wheeler Chimene Y. St. Amant Counsel for Defendant/Appellee State of Louisiana Lauryn A. Sudduth Assistant Attorneys General Jeff Landry Attorney General Baton Rouge, LA Matthew F. Block John C. Walsh Baton Rouge, LA Counsel for Defendant/Appellee Governor John Bel Edwards, in his official capacity as Governor of the State of Louisiana William B. Gaudet Kellen J. Matthews New Orleans, LA Counsel for Defendant/Appellee Louisiana Workforce Commission and Ava Cates in her official capacity as Secretary of the Louisiana Workforce Commission
NOT DESIGNATED FOR PUBLICATION
Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana No. C710197 The Honorable Timothy E. Kelley, Judge Presiding
Ellyn J. Clevenger Wendy Manard Mandie Landry New Orleans, LA
Counsel for Plaintiffs/Appellants Autumn Young, Wendi Lee, Megan Ventress, Courtney Rae Cook, Adrian Roberts, and Felicia Walters
Carey T. Jones David J. Smith, Jr Alicia E. Wheeler Chimene Y. St. Amant
Counsel for Defendant/Appellee State of Louisiana
Lauryn A. Sudduth Assistant Attorneys General Jeff Landry Attorney General Baton Rouge, LA
Matthew F. Block John C. Walsh Baton Rouge, LA
Counsel for Defendant/Appellee Governor John Bel Edwards, in his official capacity as Governor of the State of Louisiana
William B. Gaudet Kellen J. Matthews New Orleans, LA
Counsel for Defendant/Appellee Louisiana Workforce Commission and Ava Cates in her official capacity as Secretary of the Louisiana Workforce Commission
BEFORE: GUIDRY, HOLDRIDGE, AND LANIER, JJ.
LANIER, J.
This matter is before us on appeal by the plaintiffs, Autumn Young, Wendi Lee, Megan Ventress, Courtney Rae Cook, Adrian Roberts, and Felicia Walters, from the denial of a preliminary injunction filed on August 19, 2021 against the defendants, the State of Louisiana, Governor John Bel Edwards in his official capacity as Governor of the State of Louisiana, the Louisiana Workforce Commission (LWC), and Ava Dejoie Cates in her official capacity as Secretary of the Louisiana Workforce Commission, by the Nineteenth Judicial District Court. This court has received correspondence from counsel for LWC, dated January 20, 2022, informing this court that on January 19, 2022, the trial court granted a peremptory exception raising the objection of no cause of action filed by LWC and Secretary Cates. The State and Governor Edwards joined in the exception. The trial court's bench ruling dismissed all of the plaintiffs' claims with prejudice. The trial in this matter, which was set for January 20, 2022, was removed from the trial court's docket. In accordance with La. C.C.P. art. 3601, a preliminary injunction may only issue during the pendency of an action for permanent injunction. With the dismissal of the action for permanent injunction, the plaintiffs request for a preliminary injunction is no longer viable. As such, the instant appeal is dismissed as moot. This summary opinion is in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2(A)(3). All costs of this appeal are assessed to the plaintiffs, Autumn Young, Wendi Lee, Megan Ventress, Courtney Rae Cook, Adrian Roberts, and Felicia Walters.
APPEAL DISMISSED AS MOOT.