The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ALLIED TRUST INSURANCE CO. CIVIL ACTION
VERSUS CASE NO. 22-2080
CHRISTOPHER LANDECHE, et al. SECTION: “G”(3)
ORDER
Before the Court is Defendants Christopher Landeche and Samantha Landeche’s
(collectively, “Defendants”) “Motion to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1).”1 This
litigation arises over a dispute between an insurance company, Plaintiff Allied Trust Insurance Co.
(“Plaintiff”), and its policyholders, Defendants, over the extent of the damage to Defendants’
property during Hurricane Ida.2 Plaintiff filed a Complaint in this Court for a declaratory judgment
that: (1) the appraisal provisions in the subject insurance policy and contract between the parties
are clear and unambiguous; (2) Defendants are required by those provisions to participate in the
appraisal process (the “Appraisal”); (3) as part of the Appraisal, Defendants are specifically
required to name a competent, impartial, and disinterested appraiser who is registered with the
Louisiana Department of Insurance; (4) an appraisal umpire must also be selected by this Court;
and (5) the Appraisal must be completed as to all coverages.3
In the motion, Defendants argue that the Complaint should be dismissed as moot because
1 Rec. Doc. 12.
2 See Rec. Doc. 1 at 2.
3 Id. at 6–7.
Defendants agree to the Appraisal.4 On August 29, 2022, Plaintiff opposed the motion.5 Plaintiff
argues that its claims are not moot because the Appraisal process is not complete and Defendants
have a repeated pattern of non-compliance.6 Plaintiff also argues that Defendant’s Counterclaim7
invokes this Court’s jurisdiction.8 On September 16, 2022, Defendants filed a reply stating that the
appraisal process is well underway and should be completed soon.9 On October 28, 2022, the
parties filed a joint status report indicating that the appraisal process is still ongoing.10
An action should be dismissed as moot pursuant to Federal Rule of Civil Procedure
12(b)(1) “when the issues presented are no longer ‘live’ or the parties lack a cognizable interest in
the outcome.”11 “[A]n actual controversy must exist not only at the time the complaint is filed, but
through all stages of the litigation.”12 Thus, where “an intervening circumstance deprives the
plaintiff of a ‘personal stake in the outcome of the lawsuit []’ at any point during litigation, the
action can no longer proceed and must be dismissed as moot.”13 A case becomes moot if the
following conditions are satisfied: “(1) it can be said with assurance that ‘there is no reasonable
4 Rec. Doc. 12-1 at 2.
5 Rec. Doc. 15.
6 Id. at 5.
7 Rec. Doc. 10.
8 Rec. Doc. 15 at 6.
9 Rec. Doc. 26 at 2.
10 Rec. Doc. 30 at 2–3.
11 Los Angeles Cty. v. Davis, 440 U.S. 625, 631 (1979) (quoting Powell v. McCormack, 395 U.S. 486, 498
(1969)).
12 Kingdomware Techs., Inc. v. United States, 579 U.S. 162, (2016) (quoting Already, LLC v. Nike, Inc., 569
U.S. 85, 90-91 (2013)).
13 Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 161 (2016) (quoting Genesis Healthcare Corp. v. Symczyk,
569 U.S. 66, 72 (2013)).
expectation . . .” that the alleged violation will recur, and (2) interim relief or events have
completely and irrevocably eradicated the effects of the alleged violation.” '4
The parties do not dispute that the Appraisal process is still ongoing. Therefore, Defendants
alleged noncompliance with the Appraisal process could reoccur. Defendants have not shown that
the effects of the alleged violation have been completely and irrevocably eradicated.!° Thus,
Defendants have not shown that Plaintiffs claims are moot under Federal Rule of Civil Procedure
12(b)(1).!° Accordingly,
IT IS ORDERED that the “Motion to Dismiss as Moot under Fed. R. Civ. P. 12(b)(1).”!7
is DENIED.
NEW ORLEANS, LOUISIANA, this 5th day of December, 2022.
NANNETTE J pe BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
4 Los Angeles Cty., 440 U.S. at 631 (internal quotations omitted).
7d.
16 see Allied Trust Insurance Co. v. Hensley, 22-cv-2084 (E.D. La. Aug. 31, 2022) (claim dismissed as moot
after the completion of the appraisal process); Allied Trust Insurance Co. v. Smith, 22-cv-2074 (E.D. La. Sept. 15,
2022) (same); Allied Trust Insurance Co. v. Moses, 22-cv-2161 (E.D. La. Sept. 19, 2022) (same).
Rec. Doc. 12.