JOSEPH R. MCMAHON, ET AL
CITY OF NEW ORLEANS DARLENE WASHINGTON-WAPEGAN, CAROLYN BLACKMAN, JOSEPH E. ALVEREZ, AND CORINNE DUCRE
CITY OF NEW ORLEANS DAVID C. JARRELL
CITY OF NEW ORLEANS DAVID C. JARRELL
CITY OF NEW ORLEANS DOUGLAS M. KLEEMAN AND GREGORY J. MCDONALD
CITY OF NEW ORLEANS
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2010-02196,
DIVISION "E" Honorable Melvin C. Zeno, Judge.
ANTHONY S. MASKA ATTORNEY AT LAW and-JOSEPH R. MCMAHON III
COUNSEL FOR PLAINTIFFS/APPELLEES.
MICHEAL L. FANTACI DEBORAH A. VILLIO JAMES C. RAFF LEBLANC
FANTACI VILLIO, LLC and SUNNI LEBEOUF NEW ORLEANS CITY
ATTORNEY SHAWN LINDSAY DEPUTY CITY ATTORNEY, COUNSEL FOR
composed of Chief Judge James F. McKay III, Judge Paula A.
Brown, Judge Dale N. Atkins
F. MCKAY III CHIEF JUDGE.
class action litigation, the defendant, City of New Orleans,
appeals the trial court's granting of a partial summary
judgment in favor of Class Plaintiffs Subclass 1. The trial
court ordered that that the City "shall immediately
refund to the Class Plaintiffs Subclass 1 all
]fines and fees paid by the Class Plaintiffs Subclass 1 for
ATES tickets issued for the period January 1, 2008, through
November 3, 2010, in the amount of $25, 612, 690.32, together
with judicial interest[.]" We affirm.
AND PROCEDURAL HISTORY
January of 2008, the City contracted with American Traffic
Solutions, Inc., for the installation of traffic cameras at
various locations throughout the City to capture images of
vehicles that were speeding or violating intersectional red
lights, or both. In connection with this contract, the City
enacted and began enforcing Code of Ordinances of the City of
New Orleans Chapter 154, Article XVII, Sections 154-1704,
known as the Automated Traffic Enforcement System (ATES)
March 3, 2010, lead plaintiff, Joseph R. McMahon, III, filed
the first class action lawsuit in Civil District Court
challenging the ATES ordinances under local, state, and
federal law. Several subsequent class action challenges were
also filed. On October 8, 2010, Mr. McMahon filed his first
amended class action petition against the City, which
included a challenge to the Department of Public Works'
(DPW) illegal enforcement, administration and fine collection
of the ATES as ruled by Judge Paulette Irons in
Washington-Wagepan, et al v. City of New Orleans,
CDC No. 2010-9732.
City Council passed an amendment to ATES on November 4, 2010,
placing enforcement and administration of ATES sections
174-1701 through 154-1704 under the New Orleans Police
Department (NOPD). The trial court, plaintiffs, and the City
jointly agreed to consolidate several class action lawsuits
under the caption of the instant case, and on March 23, 2012,
the plaintiffs filed a "Master Petition" in the
ad hoc division of Civil District Court.
City filed a motion for summary judgment on all claims on
July 31, 2012. The trial court heard oral arguments on the
City's motion for summary judgment on August 15, 2012,
but requested supplemental briefing on several issues. On
October 10, 2012, the trial court issued a judgment in favor
of the City and dismissed all of the plaintiffs' claims.
The plaintiffs timely appealed this judgment.
December 18, 2013, this Court reversed that judgment in part
and remanded the matter to the trial court. McMahon v.
City of New Orleans, unpublished 2013-0771
(La.App. 4 Cir. 12/18/13). This Court found that the
plaintiffs had a vested right to seek relief from the
DPW's unlawful enforcement of ATES. Id. On July
9, 2015, following several amendments to the Master Petition,
the trial court granted class certification to the
plaintiffs. On February 8, 2017, the trial court signed an
order accepting the definition of two subclasses in the case.
September 11, 2017, the plaintiffs filed a motion for partial
summary judgment on behalf of Subclass 1, which the trial
court granted from the bench on November 15, 2017. After
discussions with opposing counsel, on December 4, 2017, the
plaintiffs moved to amend the language of the judgment to
bring conformity under Louisiana law with a money judgment.
On February 21, 2018, the trial court amended the language of
the partial summary judgment to include an actual dollar
amount ($25, 612, 690.32), and ordered that the City return
this amount to ...