People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University and Thomas C. Galligan, Individually and in his capacity as President of Louisiana State University ( 2023 )

NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
CW 2022 CA 0977
PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS
VERSUS
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY
AND THOMAS GALLIGAN, INDIVIDUALLY AND IN HIS
CAPACITY OF PRESIDENT OF LOUISIANA STATE UNIVERSITY
DATE OFjuDGmENT. SEP 19 2023
ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT
PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA
NUMBER 702660, SECTION 25
HONORABLE WILSON E. FIELDS, JUDGE
Alysson L. Mills Counsel. for Plaintiff A
- ppellee
Kristen D. Amond People for the Ethical Treatment
New Orleans, Louisiana of Animals
Winston G. DeCuir, Jr. Counsel for Defendant -Appellant
Carlton " Trey" Jones, III Board of Supervisors of Louisiana
Johanna A. Posada State University and Thomas C.
Baton Rouge, Louisiana Galligan, Individually and in his
Capacity as Former Interim President
Sheri M. Morris of Louisiana State University
Christina Berthelot Peck
Katelin Hughes Varnado
Evan P. Fontenot
Baton Rouge, Louisiana
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
Disposition: APPEAL DISMISSED. RELIEF REQUESTED IN ANSWER DENIED.
CHUTZ, J.
Defendants -appellants, Board of Supervisors of Louisiana State University
and Thomas C. Galligan, individually and in his capacity as an interim president of
Louisiana State University ( collectively LSU), appeal the trial court' s judgment,
ordering LSU to produce to plaintiff -appellee, People for the Ethical Treatment of
Animals ( PETA), records related to the use of birds in research at LSU that PETA
requested pursuant to the Louisiana Public Records Act.
Our review of the record shows that the trial court signed two judgments on
February 3, 2022, both of which LSU appealed but neither of which was final. In
accordance with our interim order, the trial court signed a final judgment on June
15, 2023, which was the subject of our review in the companion appeal. See People
for the Ethical Treatment of Animals v. Bd. of Supervisors of Louisiana State
Univ., 2022- 0976 ( La. App. 1st Cir. 09119123), --- So.3d ---- n. 2, also rendered this
day. Because we have disposed of all of LSU' s contentions in the companion case,
this appeal is moot. See Cat' s Meow, Inc. v City ofNew Orleans Through Dept
ofFinance, 98- 0601 ( La. 10120198), 720 So. 2d 1186, 1193 (" A case is `` moot' when
a rendered judgment or decree can serve no useful purpose and give no practical
relief or effect.").
PETA answered the lawsuit seeking attorney fees for defending the appeal.
See La. R.S. 44: 35( D)( 1).' We decline to make such an award in this appeal. See
People for the Ethical Treatment ofAnimals v. Bd. of Supervisors of Louisiana
State Univ., --- So. 3d at ---- n. 13.
1 La. R.S. 44: 35( D)( 1) provides:
If a person seeking the right to inspect, copy, or reproduce a record or to
receive or obtain a copy or reproduction of a public record prevails in such suit, he
shall be awarded reasonable attorney fees and other costs of litigation. If such
person prevails in part, the court may in its discretion award him reasonable
attorney fees or an appropriate portion thereof.
For these reasons, we dismiss the appeal. In accordance with our assessment
of costs in People for the Ethical Treatment of Animals v. Bd. of Supervisors of
Louisiana State Univ., --- So. 3d at ----, appeal costs in the total amount of $7, 396.00
are assessed one- half against defendants -appellants, Board of Supervisors of
Louisiana State University and Thomas C. Galligan, individually and in his capacity
as an interim president of Louisiana State University and one- half against plaintiff -
appellee, People for the Ethical Treatment of Animals.
APPEAL DISMISSED. RELIEF REQUESTED IN ANSWER DENIED.
K