UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF LOUISIANA
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IN RE: HURRICANE IDA CLAIMS
ADDENDUM TO CMO NO. 1 FOR CASE MANAGEMENT OF LAWSUITS FILED BY FORMER
CLIENTS OF MCCLENNY MOSELEY & ASSOCIATES
Since March 2023, this Court has been grappling with the fallout from the misconduct
and suspensions of the attorneys of McClenny Moseley & Associates (“MMA”). To date, over
400 cases filed by that firm in this Court on behalf of Hurricane Ida victims remain stayed as
a result of that misconduct and those suspensions. In recent weeks, the Court has seen an
increase in the volume of motions to substitute counsel and lift the stay in cases involving
former MMA clients who have retained new counsel. It appears, however, that these cases
comprise but a fraction of the total number of un-filed claims for which MMA sent letters of
representation to insurers regarding Hurricane Ida damages.
According to information provided to the Louisiana Office of Disciplinary Counsel by
former MMA attorney, R. William Huye, III, there may be as many as 8,000 former clients of
that firm who have made claims with their respective insurer but who have not yet filed a
lawsuit in this or any other Court. The prospect that such a staggering number of un-filed
claims may still exist with just over 60 days until prescription runs on those claims is a cause
of great concern to the Court, as it portends a similarly staggering number of new lawsuits
being filed in courts across this District (including this one) in the next 60 days. The adverse
impacts on the Courts, litigants, and counsel of such a mass filing are legion, but this Court
intends to manage them to the greatest extent possible.
It is apparent that many former MMA clients remain unrepresented. While the Court
is aware of substantial efforts by the bar of this District to address that problem by signing
new agreements with those clients to “take over” their cases, the sheer number of un-
represented claimants will make taking over these cases time-consuming, costly and
complex.
Considering the unprecedented nature of this problem, the Court is determined to
fashion a framework that (1) encourages the representation of these policyholders, (2)
ensures they are protected by permitting the filing of lawsuits on their behalf before the
prescriptive period expires, and (3) protects attorneys taking over these cases by providing
them with post-filing “breathing room” to fully investigate and vet these claims without fear
of sanction.
Accordingly, the Court hereby orders the following:
1. Automatic Stay for Certain Cases
Effective immediately, upon the filing of any Hurricane Ida lawsuit in this District that
is accompanied by a letter in which the filing attorney certifies that the plaintiff is a former
client of MMA, that case shall be automatically stayed for 120 days. The purpose of this stay
is to allow for the protective filing in this District of Hurricane Ida lawsuits on behalf of
former MMA clients whose claims new counsel may not have had the opportunity to fully
investigate. While counsel shall not be subject to Rule 11 scrutiny generally during the
duration of this stay, counsel are cautioned that this reprieve will not extend to any lawsuit
filed without the consent of the named plaintiff.
At any point during the stay, the parties may move jointly to lift the stay. Conversely,
the stay may be extended for good cause on motion by either party.
Upon the lifting of the stay, the case will be subject to this Court’s Hurricane Ida CMO
and Streamlined Settlement Program. Once the stay is lifted, counsel for Plaintiff(s) will be
subject to all of the requirements of Rule 11.
2. Extensions of Time to Serve under Rule 4
It has come to the Court’s attention that, in several cases pending in this District, MMA
failed to properly and/or timely serve Defendant(s). For the sake of judicial efficiency and
to eliminate the need for new counsel to re-file cases or file multiple motions to extend the
Rule 4 deadline, the Court hereby orders that, upon the entry of an order substituting new
counsel, counsel shall have 20 days to initiate service under Rule 4 if it has not already been
effected. Counsel for all parties are encouraged to discuss and, wherever reasonable, waive
the formal requirements of service under Rule 4.
3. Waiver of Local Rule 83.2.11
Given MMA’s inability to represent clients in Louisiana, the Court hereby orders that
the requirement of Local Rule 83.2.11 that motions to substitute counsel be filed jointly is
hereby waived for any case in which new counsel moves to enroll in cases on behalf of former
MMA clients.
21st day of June, 2023.
NEW ORLEANS, LOUISIANA, this _______
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NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
FOR THE EN BANC COURT
