CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

STATE OF LOUISIANA

NO. 2005-12295                                                                                                                                 DIVISION: " J "

JAMES KELLY LAMBERT, ET AL. (Class Action)

VERSUS

Board of CommissionERs of the Orleans Levee District,
et al.

FILED: __________________________                                                                     DY. CLK.:_____________________

first supplemental and amending VERIFIED CLASS ACTION PETITION
FOR PRELIMINARY AND PERMANENT PROHIBITORY AND MANDATORY
INJUNCTIVE RELIEF AND FOR DAMAGES FILED PRIOR TO ANSWER

NOW INTO COURT, through undersigned counsel, come the original named plaintiff, JAMES KELLY LAMBERT, and the newly-added named plaintiff, DONALD J. SCOTT, who desire to supplement and amend the original Verified Class Action Petition For Preliminary And Permanent Prohibitory And Mandatory Injunctive Relief And For Damages, prior to any Answer, as follows:

I.

Plaintiffs hereby add a new section with the heading "Statement of Named Plaintiff Donald Scott", and add new paragraphs numbered consecutively from Paragraph 29.1 to Paragraph 29.14, to read as follows:

statement of Named plaintiff donald scott

29.1.

Plaintiff Donald Scott is a resident and domiciliary of the Parish of St. Charles, State of Louisiana, and is also the owner of a 28 foot Cal Sailboat located in the Orleans Marina at Pier 2, Slip 46.

29.2.

As does plaintiff James Kelly Lambert and the other putative Class Members, Donald Scott also has a written lease agreement with OLD.

29.3.

Donald Scott’s vessel was damaged by Hurricane Katrina and was sunk inside the Orleans Marina.

29.4.

Upon learning that his vessel was sunk, plaintiff Scott sought to make arrangements to raise his vessel out of the water, either by raising the vessel himself or by having a contractor of his choice raise the vessel for him at a fair price.

29.5.

Plaintiff Scott discussed the matter with the marina manager, BETH AUGUSTINE, who informed Scott that he would not be allowed to raise the boat himself because he was not insured to do marine salvage.

29.6.

Plaintiff Scott specifically alleges that he has in effect a policy of liability insurance on his boat, as do all other Class Members, as proof of current liability insurance in a minimum amount of $300,000.00 is a prerequisite to obtaining and/or extending and/or renewing any lease in the Orleans Marina.

29.7.

About two weeks after Hurricane Katrina passed, plaintiff Scott spoke to Ms. Augustine about raising his vessel. At that time, Augustine informed plaintiff Scott that he could not raise his vessel himself and she gave him the names telephone numbers of defendants MRS, RESOLVE, and MAYER, so that he could contract with them to lift the vessel.

29.8.

Plaintiff Scott spoke to the representative agents for defendant RESOLVE, who initially told Scott that the price to raise his boat would be $5,600.00.

29.9.

Plaintiff Scott informed RESOLVE that he had spoken to other contractors and that $5,600.00 seemed out of line with the going rates. After negotiating with RESOLVE, plaintiff Scott was able to obtain a promise from RESOLVE to raise his vessel for a price of $1,500.00.

29.10.

Despite that agreement, when Scott spoke to RESOLVE on November 16, 2005, RESOLVE once again quoted the original price of $5,600.00 to raise the vessel. Scott protested and insisted on the agreed-upon price of $1,500.00 to no avail. RESOLVE refused to lift the vessel unless Scott paid them $5,600.00.

29.11.

Later that same day, November 16, 2005, Scott spoke to Beth Augustine again. He asked her if he could bring in another contractor or lift his vessel himself. This time, Ms. Augustine told Scott that he could bring another contractor in, but that contractor would have to follow very strict rules of operation and would have to call her to get permission, according to the aforementioned rules which are posted on the OLD website. Augustine again stated that Scott would not be allowed to lift his own vessel because he did not have "the right insurance".

29.12.

The plaintiffs aver that Resolve is exempt from the Byzantine insurance rules laid down by the OLD for other contractors, which "rules" act as an effective bar to other contractors or individuals doing any work or salvage on any vessels in the OLD marinas.

29.13.

The plaintiffs aver that Resolve appears to have full run of the marinas and is able to lift and/or access any vessel it chooses at any time without oversight, input, or permission from OLD, while other contractors and vessel owners are effectively barred from performing any work or gaining any access to any vessels, including their own vessels in the marinas.

29.14

Plaintiff Scott adopts and avers all the stated claims and averments of fact of the original Verified Class Action Petition For Preliminary And Permanent Prohibitory And Mandatory Injunctive Relief And For Damages as if set forth here in full.

WHEREFORE, the plaintiffs Lambert and Scott, on their own behalves and on behalf of all others similarly situated, reiterating the prayer of the original Verified Class Action Petition for Preliminary and Permanent Prohibitory and Mandatory Injunctive Relief and for Damages as though set forth at length herein, pray that the Original Verified Class Action Petition For Preliminary and Permanent Prohibitory and Mandatory Injunctive Relief and for Damages be supplemented and amended in the above particulars and after due proceedings had, there be judgment herein in favor of the petitioners, JAMES KELLY LAMBERT AND DONALD L. SCOTT, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, and against all defendants, for all the relief prayed for in the original Verified Class Action Petition for Preliminary and Permanent Prohibitory and Mandatory Injunctive Relief and for Damages; and for all relief originally prayed for herein; and for all general and equitable relief.

RESPECTFULLY SUBMITTED BY:

(ALL PLAINTIFFS' COUNSEL)

PLEASE SERVE:

(DELETED FOR WEB POSTING)