Case 1:10-cv-01849-SMH-MLH Document 16 Filed 01/18/11 Page 1 of 2 PageID #: 278

MINUTES [00:35]
JANUARY 18, 2011
JUDGE S. MAURICE HICKS, JR.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

CITY OF ALEXANDRIA, ET AL. CIVIL ACTION NO. 10-1849

VERSUS JUDGE S. MAURICE HICKS, JR.

FEDERAL EMERGENCY MANAGEMENT MAGISTRATE JUDGE HORNSBY

AGENCY, ET AL.

The Court held a status conference in the above-captioned matter on January 18,

2011 at 10:00 a.m. Jimmy Faircloth appeared on behalf of Plaintiff, the City of Alexandria.

Mark Vilar participated by telephone on behalf of Plaintiff, the City of Pineville. Katherine

Vincent, John Broadwell, and Ramsay McCullough appeared on behalf of the Defendants.

With consent of all counsel, the Court hereby extends the Consent Agreement

previously entered in this case as follows:

1. The Cities voluntarily withdraw the request for a TRO.

2. FEMA agrees to refrain from issuance of the preliminary maps on or

before March 25, 2011, or until the Court issues a ruling on the Cities’
request for a preliminary injunction, whichever event occurs first. This
agreement does not preclude FEMA from continuing with its requests
for information, meetings and other actions pertinent to the National
Flood Insurance Program in connection with the Cities.

3. The parties to this litigation reserve the right to assert all legal claims
or defenses pertaining to this action.

The Court voiced its concern regarding the potential broad reading of the phrase “other

actions” in paragraph 2 of the Consent Agreement. The parties agreed that this phrase

was meant to be limited to actions consistent with the National Flood Insurance Program
Case 1:10-cv-01849-SMH-MLH Document 16 Filed 01/18/11 Page 2 of 2 PageID #: 279

and actions consistent with FEMA moving forward with the revision of the flood insurance

rate maps.

The hearing on the Motion for Preliminary Injunction is hereby set for March 7, 2011

at 9:00 a.m. The hearing is expected to last 2-3 days. This matter is REFERRED to

Magistrate Judge Hornsby for a telephone status conference to set discovery deadlines and

other pre-hearing deadlines, namely findings of fact; conclusions of law; and motion

practice relating to any jurisdictional issues.

During the conference, counsel for the City of Alexandria raised the issue of

“unnamed indispensable parties.” See Record Document 1 at ¶¶ 12-13. These “unnamed

indispensable parties” have been identified as the Red River, Atchafalaya and Bayou Bouef

Levee District (“RRABB” ) and the Nineteenth Louisiana Levee District (“19th Levee

District”). See id. The Court originally set a February 1, 2011 deadline for the “unnamed

indispensable parties” to be added as parties to the lawsuit; however, this deadline and any

other issues relating to the addition of RRABB and/or the 19th Levee District as parties to

this action will be revisited during the status conference before Magistrate Judge Hornsby.

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