Case 2:13-cv-05090-MLCF-ALC Document 58 Filed 01/23/14 Page 1 of 3

UNITED STATES DISTRICT COURT

for the Eastern District of Louisiana Jonathan P. Robicheaux Plaintiff/Petitioner v.

Civil Action No. 13-CV-05090

James D. Caldwell in his official capacity as the Louisiana Attorney General Defendant/Respondent c/w Civil Action No. 14-cv-00097 District Judge: Martin Leach-Cross Feldman

Magistrate Judge: Alma L. Chasez MOTION TO UNCONSOLIDATE

NOW INTO COURT, through undersigned counsel, comes JONATHAN P. ROBICHEAUX, DEREK PENTON, NADINE BLANCHARD and COURTNEY

BLANCHARD, and move this Honorable Court to unconsolidate civil actions 2013-cv-05090 and 2014-cv-00097 for the reasons set forth in the attached memorandum in support. WHEREFORE, petitioner prays that after consideration, this Honorable Court will unconsolidated civil actions 2013-cv-05090 and 2014-cv-00097, while keeping civil action 2014-cv-00097 as the master docket for filing purposes. Respectfully submitted:

SCOTT J. SPIVEY (#25257) 815 Dauphine St, Ste D New Orleans, LA 70116 (504) 684-4904 (office phone)
Attorney for Plaintiffs, Jon Robicheaux, Derek Penton, Nadine Blanchard and Courtney Blanchard

Case 2:13-cv-05090-MLCF-ALC Document 58 Filed 01/23/14 Page 2 of 3

UNITED STATES DISTRICT COURT

for the Eastern District of Louisiana Jonathan P. Robicheaux Plaintiff/Petitioner v.

Civil Action No. 13-CV-05090

James D. Caldwell in his official capacity as the Louisiana Attorney General Defendant/Respondent c/w Civil Action No. 14-cv-00097 District Judge: Martin Leach-Cross Feldman

Magistrate Judge: Alma L. Chasez MEMORANDUM IN SUPPORT OF MOTION TO UNCONSOLIDATE

MAY IT PLEASE THE COURT: This matter comes on for cause on Plaintiffs Motion to Unconsolidate. A Complaint was filed January 14, 2014 and after the Attorney General, James Caldwell, was dismissed in the lead case and was assigned docket number 2014-cv-00097. On January 17, 2014, 2014-cv-00097 was consolidated by Order of the Court with the lead case, 2013-cv-05090. The consolidation order was reportedly prepared by the Clerk of Court for management of the lawsuits that are related to the lead matter, 2013-cv-05090. Although, your Honor Ordered that 2013-cv-05090 shall serve as the master file for these proceedings, when your movants sought to amend their complaint within the twenty-one days allowed by the Federal Rules of Civil Procedure, your Honor denied the motion on January 23, 2014 because in the words of the

Robicheaux v. Caldwell Page 2

Case 2:13-cv-05090-MLCF-ALC Document 58 Filed 01/23/14 Page 3 of 3

Orders notes, Denied for failure to show the jurisdiction of this Court. The consolidated case is with the lead case, which is on appeal to the 5th Circuit. Naturally, the Court has vast discretion in the management of all cases. Based upon the facts before the court and the allegations alleged in the complaints, it is respectfully submitted that there is no need to consolidate the two cases, resulting in the stay of the second proceeding, when the first proceeding is being appealed solely on the issue of sovereign immunity on the dismissal of the Louisiana Attorney General, whereas the second proceeding seeks to secure declaratory and injunctive relief against the Louisiana Secretary of Revenue, the Louisiana Secretary of Health and Hospitals and the State Registrar. Whether the Court of Appeal upholds or reverses your Honor on the dismissal of the Attorney General will have no effect on whether the plaintiffs are entitled to proceed against the aforementioned defendants. These defendants have yet to be served or waive service and are in no way proper parties to the 2014-cv-00097 action. CONCLUSION Based upon the foregoing, it is respectfully prayed that this Honorable Court unconsolidated Civil Action 2014-cv-00097 and 2013-cv-05090 to allow your movants, the plaintiffs to proceed in their complaint against the Louisiana Secretary of Revenue, the Louisiana Secretary of Health and Hospitals and the State Registrar. Respectfully submitted:

SCOTT J. SPIVEY (#25257) 815 Dauphine St, Ste D New Orleans, LA 70116 (504) 684-4904 (office phone)

Robicheaux v. Caldwell Page 3

Case 2:13-cv-05090-MLCF-ALC Document 58-1 Filed 01/23/14 Page 1 of 1

UNITED STATES DISTRICT COURT

for the Eastern District of Louisiana Jonathan P. Robicheaux Plaintiff/Petitioner v.

Civil Action No. 13-CV-05090

James D. Caldwell in his official capacity as the Louisiana Attorney General Defendant/Respondent c/w Civil Action No. 14-cv-00097 District Judge: Martin Leach-Cross Feldman

Magistrate Judge: Alma L. Chasez ORDER

Considering the foregoing motion and finding that the relief prayed for is authorized within the discretion of the Court and finding that it is in the best interest of justice, IT IS HEREBY ORDERED that Civil Action 2013-cv-05090 shall continue to be the Master File in these proceedings. IT IS FURTHER ORDERED that Civil Action 2014-cv-00097 be and is hereby unconsolidated from 2013-cv-05090 to allow the plaintiffs in 2014-cv-00097 to proceed while 2013-cv-05090 is on appeal before the Fifth Circuit Court of Appeal. Thus read, done and signed in New Orleans, Louisiana on this ____ day of January, 2014.

_______________________________ JUDGE