Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development

37 So. 3d 1029, 2009 La.App. 1 Cir. 1349, 2010 La. App. LEXIS 518, 2010 WL 1404199
CourtLouisiana Court of Appeal
DecidedApril 8, 2010
Docket2009 CA 1349
StatusPublished
Cited by11 cases

This text of 37 So. 3d 1029 (Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development, 37 So. 3d 1029, 2009 La.App. 1 Cir. 1349, 2010 La. App. LEXIS 518, 2010 WL 1404199 (La. Ct. App. 2010).

Opinions

PETTIGREW, J.

In this appeal, defendants/appellants, the State of Louisiana, through the Division of Administration, the State of Louisiana, through the Department of Economic Development, and the State of Louisiana, through the Office of Entertainment Industries Development (“the State”), appeal [1031]*1031from the trial court’s judgment in favor of plaintiff/appellee, Red Stick Studio Development, L.L.C. (“Red Stick”), awarding Red Stick $45,280.36 in sanctions against the State. These sanctions were awarded as a result of the “Motion for Sanctions for Failure to Produce Public Documents” and the “Supplemental, Restated and Substitute Motion for Sanctions for Failure to Produce Public Documents,” filed by Red Stick during the trial on Red Stick’s petition for declaratory judgment on the proper interpretation of Section 3(C) of Act 456 of the 2007 Regular Session of the Legislature (“Act 456”).1 For the reasons set forth below, we reverse in part, vacate, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

According to the record, prior to the commencement of any litigation in Red Stick I, V. Thomas Clark, Jr. made three separate public records requests to the State seeking documents relevant to Red Stick’s case. On October 23, 2008, in accordance with La. R.S. 44:1, et seq., Mr. Clark sent his first public records request to the Division of Administration (“DOA”) requesting:

[A]ny and all emails dated June 1, 2007 through February 29, 2008 to or from Bill Black and pertaining to any one or more of the following:
1.The interpretation of Motion Picture Infrastructure Tax Credit legislation, commonly referenced as Act 456 of the 2007 Regular Session of the Louisiana Legislature from June 1, 2007 through February 29, 2009;
2. The Red Stick Studios Development Project, INF — 0015; and
3. Robert W. Day

On November 19, 2008, Mr. Clark sent a second public records request to the DOA requesting:

| a Any and all documents not privileged, including but not limited to, minutes of meetings, correspondence, contracts, communications, memoranda, reports, and notes, whether hand-written, printed, typed, or photocopied, that are related to the following:
1. Act 456 of the 2007 Regular Legislative Session.
2. Robert W. Day
3. Red Stick Studios Development Infrastructure Project
4. Hooperwood Infrastructure Project and/or Roger Hooper

The term “related to” was defined as “to refer to, discuss, involve, reflect, deal with, consist of, represent, comprise, constitute, emanate from, be directed at, or in any way to pertain, in whole or in part.”

On this same date, Mr. Clark sent a third public records request, identical to the second request, only this time the request was directed to the Department of Economic Development (“DED”). Various documents were subsequently produced by the State in response to these three public record requests.2 According to Red Stick, a comparison of the documents ultimately produced by both the DOA and the DED [1032]*1032revealed that numerous emails between employees of the two departments were produced by the DOA but were withheld by the DED. Given the discrepancy in the documents received from the State, counsel for Red Stick met with Bill Black, a former DOA official, on February 20, 2009, and discussed documents he still had in his possession. Red Stick issued a subpoena to Mr. Black, resulting in the production of approximately seventy-one emails between himself and employees of the DED and the Office of Entertainment Industries Development (“OEID”). Red Stick alleges on appeal that many of those email messages contain language and discussions that overwhelmingly supported Red Stick’s arguments in Red Stick I.

The trial in Red Stick I subsequently began on March 10, 2009, at which time Red Stick filed its original motion for sanctions. During the first day of trial, the State produced an additional 2,600 documents. The trial in Red Stick I concluded on March 16, 2009. That same day, Red Stick filed its supplemental and restated motion for sanctions against the DOA, the DED, and the OEID for “failure to comply with public records requests pursuant to La. R.S. 44:1 et seq[.7, for failure to comply with Louisiana Code of Civil Procedure Article 1420, et seq.[] and for violation of Louisiana Code of Civil Procedure Article 863.”

The trial of the supplemental and restated motion was set for March 30, 2009. On March 27, 2009, the State filed an exception raising the objection of no right of action to the claim by Red Stick for sanctions under the Louisiana Public Records Act (“LPRA”) since the public records requests were made by Mr. Clark, not Red Stick. At the start of the trial on the motion for sanctions, the trial court denied the exception raising the objection of no right of action, finding that it was. not well-founded. The trial on the sanctions continued, and after considering the evidence of record, the argument of counsel, and the subsequent motions for new trial filed by both Red Stick and the State, the trial court ultimately rendered judgment in favor of Red Stick, awarding sanctions and attorney fees to Red Stick in the amount of $45,280.36.3 The State appealed, urging the following specifications of error:

1. The trial court erred in denying the State’s exception of no right of action and in concluding that Red Stick, which did not make the [public records requests], was a “person” who had a right of action to pursue a claim for alleged violation of the LPRA.
2. The trial court erred in failing to strictly construe the LPRA and in awarding attorneys fees and costs under R.S. 44:35(D), which allows attorneys fees and costs if a plaintiff in a suit for a writ of mandamus, injunctive or declaratory relief prevails in his attempt to inspect or copy public records, where no such suit was filed to obtain the documents at issue and, in fact, the documents had already been obtained.
3. The trial court erred in failing to find Red Stick had waived whatever substantive rights to sanctions it might oth[1033]*1033erwise have had by its failing to comply with the mandatory procedures of the [Louisiana Code of Civil Procedure] and the [Uniform District Court Rules].
4. The trial court erred in finding that the DOA and the DED were guilty of arbitrary and capricious conduct in failing to respond to the [public record requests].
5. The trial court erred in awarding attorneys fees at rates in excess of those approved by the AG for the employment of outside counsel, in violation of R.S. 44:35(F), and for an unreasonable total amount.
6.

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Opinion Number
Louisiana Attorney General Reports, 2010

Cite This Page — Counsel Stack

Bluebook (online)
37 So. 3d 1029, 2009 La.App. 1 Cir. 1349, 2010 La. App. LEXIS 518, 2010 WL 1404199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/red-stick-studio-development-llc-v-state-ex-rel-department-of-lactapp-2010.