Orders Regarding Hurricane Ida CMO
Chief Judge Nannette Jolivette Brown signed two orders on behalf of the en banc Court pertaining to Hurricane Ida insurance claims on December 18, 2024.
One order requires counsel for defendants/insurers to file a Notice of Settlement for any case that has been resolved but still remains on the Court’s docket. The notices must be submitted within 21 days of the Dec. 18 order.
The other order pertains to cases in which the McClenny, Mosely & Associates law firm represented insureds. The order observes that notwithstanding bankruptcy court orders in another district, the Chief Magistrate Judge in this district has twice found that the MMA firm “voluntarily and knowingly waived and forfeited whatever rights it may have had in fees and/or costs in its former cases in this District before it declared bankruptcy.” Accordingly, the Court orders that “(1) no portion of settlement proceeds is required to be held in trust in this District and (2) insurers should immediately cease insisting on listing MMA as a payee on settlement checks.”
The full orders, including the referenced opinions, are available here:
Order regarding Notices of Settlement
Order Regarding Hurricane Ida CMO
The Court has issued an order pertaining to all cases in the Hurricane Ida Case Management Program. The order provides, in part, that effective June 17, 2024:
1. Except as to questions of privilege, no Motion to Compel shall be filed unless and until the parties seek a conference with the Chief Magistrate Judge for the purpose of resolving the dispute without formal motion practice.
2. Attorneys and their law firms are hereby notified that they are responsible to ensure that mediators are paid on a timely basis and in accordance with the terms set forth in their respective invoices.
More details are included in the full order, which is available here.
Fourth Amendment to Hurricane Ida Case Management Order No. 1
The Court has issued a Fourth Amendment to its Hurricane Ida Case Management Order No. 1. The order amends the CMO as follows:
1. The deadline to conduct the Informal Settlement Conference is extended to 60 days from the disclosure deadline (previous deadline was 30 days);
2. The deadline for the Administrator to schedule mediation is extended to 150 days from the filing of the last responsive pleadings or, if falling on a later date, 60 days from denial of a motion to remand (previous deadlines were 75 and 30 days);
3. The cancellation fee for mediations cancelled within 14 days is removed where the reason for cancellation is settlement of the case.
All other provisions of the CMO remain in effect.
View this PDF
View CMO Exhibit B
View CMO Exhibit C
Amended Exhibit A to Hurricane Ida Case Management Order
The Court has issued an amended Exhibit A to its Hurricane Ida Case Management Order No. 3. The amended exhibit incorporates revisions to deadlines made by the second and third amendments to the CMO.
Third Amendment to Hurricane Ida Case Management Order No. 1
The Court has issued a Third Amendment to its Hurricane Ida Case Management Order No. 1. This amendment applies the deadline extension for responsive pleadings that was established in the second amendment to the CMO to cases removed from state court.
Second Amendment to Hurricane Ida Case Management Order No. 1
The Court has issued a Second Amendment to its Hurricane Ida Case Management Order No. 1. This amendment:
• extends the period for making the required disclosures to 45 days from the filing of responsive pleadings or issuance of an order denying a motion to remand;
• extends the deadline to file responsive pleadings in Hurricane Ida cases to 60 days for any pending case in which an answer has not yet been filed. (Extensions shall be granted only under exceptional circumstances.); and
• requires the parties to use the two forms attached as Exhibits B & C to the First Amendment to the CMO to set forth their respective settlement positions at the informal settlement conference and mediation.
All other provisions of the CMO remain in effect.
View this PDF
View CMO Exhibit A
View CMO Exhibit B
View CMO Exhibit C
Call for Applicants for Potential Expanded Mediation Panel for Hurricane Ida Streamlined Settlement Program
The U.S. District Court for the Eastern District of Louisiana seeks applicants for a potential expanded mediation panel for its streamlined settlement program for Hurricane Ida property insurance cases. Given the approaching August 29, 2023 deadline to file such cases, the Court anticipates a substantial number of new lawsuits in the coming 60 days. Accordingly, the Court is preparing to expand the panel of neutrals if the number of new filings makes such expansion necessary and is inviting qualified mediators to apply for inclusion on such an expanded panel. More information, including the minimum requirements for mediators and instructions for applying, is available here.
Addendum to CMO No. 1 for Case Management of Lawsuits filed by Former Clients of McClenny, Moseley & Associates
The en banc Court of the Eastern District of Louisiana has issued an addendum to its Hurricane Ida Case Management Order to address the withdrawal of McClenny, Moseley & Associates from cases and claims concerning Hurricane Ida insurance disputes. The addendum establishes a framework that (1) encourages the representation of policyholders, (2) ensures policyholders are protected by permitting the filing of lawsuits on their behalf before the prescriptive period expires, and (3) protects attorneys taking over their cases by providing counsel with post-filing “breathing room” to investigate and vet claims without fear of sanction. Subject to conditions detailed in the addendum, the order provides for an automatic stay for certain cases, an extension of time for service, and a waiver of Local Rule 83.2.11 for counsel enrolling in cases in which MMA attorneys were previously enrolled.
Further details can be found in the complete addendum.
Minute Entry - June 14, 2023 Hurricane Ida Litigation Status Conference
On this date, the undersigned held a general Hurricane Ida Litigation status conference to discuss matters arising from the suspension of R. William Huye, III and the withdrawal of McClenny, Moseley & Associates (“MMA”) from cases pending in this District. The undersigned discussed numerous issues with the counsel in attendance, all of which will be reflected in the transcript of the on-the-record hearing. Nichelle Wheeler was the court reporter at the hearing.
Court's June 14, 2023 Minute Entry
General Hurricane Ida Litigation Status Conference – June 14, 2023
U.S. Magistrate Judge Michael North will hold a general Hurricane Ida Litigation status conference on Wed., June 14, 2023, at 10 a.m. in courtroom 352. The on-the-record hearing will concern matters arising from the suspension of R. William Huye, III and the withdrawal of McClenny, Moseley & Associates from cases pending in this District. Any defense or plaintiff counsel may attend, but the discussions will be insurer-centric. More information, including lists of specific discussion topics and law firms encouraged to attend, can be found in the Court’s Order.
No. 1 Hurricane Ida - Order to Stay Cases Files by McClenny Moseley & Assoc. (with updated Attachment B)
Amended Hurricane Ida Case Management Order No. 1
The Court has issued its First Amendment to Hurricane Ida Case Management Order No. 1. The features of the amendment are as follows:
• The amendment encourages the parties to use the two forms attached to it as Exhibits B & C to set forth their respective settlement positions at the informal settlement conference and mediation. It creates a uniform method for doing so.
• The amendment eliminates the requirement that the parties affirmatively contact the Court or Program Administrator (“PA”) to request a mediation be set, replacing it with an automatic 75-day window for disclosures and informal settlement conference, after which the PA will automatically set the case for mediation.
• The one-time limit on deadlines is extended to 21 days, consistent with LR 7.8.
• The appointment of umpires where appraisal is invoked will be resolved solely by the Chief Magistrate Judge rather than the presiding Magistrate Judge.
View this PDF
View CMO Exhibit B
View CMO Exhibit C
Orders of Appointment for Neutrals and for Program Administrator in Hurricane Ida Cases
Pursuant to Case Management Order No. 1, In re Hurricane Ida Claims, the Court hereby appoints Mediation Support Services, L.L.C. as Program Administrator for the Court’s Streamlined Settlement Program. The Court also appoints 30 individuals as neutrals for the Program. For more information, please see the orders below.
View this PDF – Neutrals List
View this PDF – Program Administrator Appointment
Hurricane Ida Case Management Order No. 1
The Court hereby approves the Hurricane Ida Case Management Order (“CMO”) No. 1. The CMO outlines procedures for expedited discovery (the “Disaster Protocols”) and establishes a streamlined settlement conference and mediation protocol to facilitate efficient resolution of these matters. The mediation program, called the Streamlined Settlement Program, will include a panel of neutrals and a Program Administrator. The Magistrate Judges shall oversee the Streamlined Settlement Program, with Chief Magistrate Judge Michael North presiding over day-to-day operations. This will include the selection of the neutrals and the Program Administrator. Please see the complete order for further details.
View this PDF (Case Management Order)
View this PDF (Interim Protective Order)