Opinion

Lewis v. Louisiana State University

Court
District Court, M.D. Louisiana
Filed
Jul 5, 2023
Cited by
0 cases
Authority
More cited than 22.5%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

SHARON LEWIS, CIVIL ACTION

Plaintiff

VERSUS NO. 21-198-SM-RLB

LOUISIANA STATE UNIVERSITY, ET AL.,

Defendants

ORDER AND REASONS

Before the Court is a Motion to Stay1 by terminated Defendants Robert W. Barton

and Vicki M. Crochet. Barton and Crochet have filed an appeal to the United States Court

of Appeals for the Fifth Circuit2 seeking a reversal of this Court’s order compelling

production of certain documents and compelling the depositions of certain individuals.3

Barton and Crochet argue that a stay pending appeal is appropriate “for any one or all of

the following reasons”: because of the appeal, the Court no longer has jurisdiction over

the relevant discovery disputes; because the requirements for a stay are met in this case;

or because the requested discovery has nothing to do with Plaintiff’s remaining Title IX

and Title VII claims against LSU.4

The Court will not grant the Motion to Stay. As an initial matter, it is not clear that

Barton and Crochet have a right to appeal the ruling that the Louisiana State University

Board of Supervisors (“the Board”) must produce certain documents and make certain

individuals available for deposition.5 Second, the Court does not agree that the factors

1 R. Doc. 360.

2 Dkt. No. 1, Lewis v. Crochet, No. 23-30386 (5th Cir. June 16, 2023).

3 R. Doc. 340.

4 R. Doc. 360 at pp. 2–3.

5 Barton and Crochet do not represent the Board and are not parties to this action. The case cited by Barton

and Crochet to support their argument is not on point. This appeal pertains to the Court’s prior rulings on

favoring a stay are present in this case. Barton and Crochet have not made a showing of

the likelihood of their success on the merits. The movants will not suffer irreparable injury

if the stay is not granted, and the stay does not serve the public interest.®

The Court finds staying its order is not appropriate under these circumstances.

Accordingly;

IT IS ORDERED that the Motion to Stay is DENIED.

New Orleans, Louisiana, this 5th day of July, 2023.

SUSIE uionGge

UNITED STATES DISTRICT JUDGE

the crime-fraud exception to the attorney-client privilege. “[T]he attorney-client privilege is, of course, held

by the client and not the attorney.” In re Grand Jury Proc., 43 F.3d 966, 972 (5th Cir. 1994).

6 The Court emphasizes that movants will not suffer irreparable injury if this stay is not granted, as the

attorney-client privilege belongs to the client, and the Board is actively protecting its own rights.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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