CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NUMBER: 15-4501 DIVISION: D SECTION: 12

ELIZABETH SEWELL, ET AL.

VERSUS

SEWERAGE & WATER BOARD OF NEW ORLEANS

FILED:______

DEPUTY CLERK

MOTION TO SEVER THIRD PARTY CLAIMS

Plaintiffs Elizabeth Sewell, et al., (“Plaintiffs”), through undersigned counsel, respectfully move this Court for an order, pursuant to Louisiana Code of Civil Procedure article 1038, severing the Third Party Claims of Defendant Sewerage and Water Board of New Orleans (“SWB”) against the following three contractors: Cajun Constructors, LLC (“Cajun”), B&K Construction Co., LLC (“B&K”), and Boh Bros. Construction Co., LLC (“Boh”) (collectively the “Contractors”). Severance is appropriate for the orderly procedure of this case, fairness to Plaintiffs who have waited years for their day in Court due to no fault of their own, and to prevent further unnecessary delay in the resolution of Plaintiffs’ claims against the SWB.

WHEREFORE, Plaintiffs pray that the SWB be cited to appear and show cause as to why Plaintiffs’ Motion to Sever Third Party Claims should not be granted. Plaintiffs further pray that after a contradictory hearing, the Court enter an order severing the SWB’s Third Party Claims against the Contractors from the Plaintiffs’ principal claims against the SWB.

Respectfully submitted,

BRUNO & BRUNO, LLP

______

Joseph M. Bruno (La. Bar No. 3604)

Daniel A. Meyer (La. Bar No. 33278)

855 Baronne Street

New Orleans, LA 70112

Telephone: (504) 525-1335

Fax: (504) 581-1493

Email:

AND

Michael T. Whitaker (Pro Hac Vice)

The Whitaker Law Firm, APC

100 Dolores Street

Carmel, CA 93923

Telephone: (831) 624-5556

Fax: (831) 624-5509

Email:

Alexis A. Butler (La. Bar. No. 32376)

The Whitaker Law Firm, APC

201 St. Charles Ave.

Suite 2500

New Orleans, LA 70170

Telephone: (504) 313-0168

Fax: (831) 624-5509

Email:

ATTORNEYS FOR PETITIONERS

CERTIFICATE OF SERVICE

I do hereby certify that I have on this ___ day of August 2017, served a copy of the foregoing pleading upon counsel for Defendant by U.S. mail and email transmission.

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