United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

_____________ FILED January 6, 2023 No. 22-30091 Lyle W. Cayce consolidated with Clerk No. 22-30559 _____________

New Orleans Association of Cemetery Tour Guides and Companies,

Plaintiff—Appellant,

versus

New Orleans Archdiocesan Cemeteries, doing business as New Orleans Catholic Cemeteries; Cemetery Tours NOLA, L.L.C.,

Defendants—Appellees.

Appeals from the United States District Court for the Eastern District of Louisiana USDC No. 2:21-CV-2051

Before King, Stewart, and Haynes, Circuit Judges. King, Circuit Judge: Plaintiff-Appellant ACTGC brought federal antitrust and various state law claims in a suit concerning tours of two New Orleans cemeteries. ACTGC also requested injunctive relief, which the district court denied and ACTGC first appealed. The district court then dismissed ACTGC’s federal antitrust and state law claims, which ACTGC also appealed. Defendant- Case: 22-30091 Document: 00516600580 Page: 2 Date Filed: 01/06/2023

No. 22-30091 c/w No. 22-30559

Appellee NOAC then moved to dismiss the first appeal as moot. We GRANT NOAC’s motion, DISMISS the first appeal, and AFFIRM the judgment of the district court on all issues in the second appeal. I. A. Factual Background The St. Louis No. 1 and No. 2 (“No. 1” and “No. 2,” respectively) cemeteries near New Orleans’s French Quarter attract numerous visitors and guided cemetery tours. Plaintiff-Appellant Association of Cemetery Tour Guides and Companies L3C d.b.a. New Orleans Association of Cemetery Tour Guides and Companies (“ACTGC”) is a low-profit limited liability company comprised of tour companies and guides offering cemetery tours in the New Orleans area.1 Defendant-Appellee New Orleans Archdiocesan Cemeteries d.b.a. New Orleans Catholic Cemeteries (“NOAC”) is a cemetery authority that operates New Orleans-area cemeteries, including Nos. 1 and 2. Defendant-Appellee Cemetery Tours NOLA LLC (“CTN”) is a tour company.2 The operative complaint3 alleges the following facts. In 2015, NOAC closed No. 1 to all visitors except family members of the interred and visitors willing to pay a fee. Companies wishing to conduct tours also had to make payments to NOAC. In 2020, with the onset of the COVID-19 pandemic, NOAC closed Nos. 1 and 2 to everyone except the immediate family of the

1 The original plaintiff in the underlying action was Witches Brew Tours LLC. From the first amended complaint onwards, Witches Brew Tours LLC was replaced by ACTGC, which was formed after the filing of the original complaint. 2 For brevity, the two Defendants-Appellees are collectively referred to as NOAC throughout. 3 This is the second amended complaint filed on February 11, 2022.

2 Case: 22-30091 Document: 00516600580 Page: 3 Date Filed: 01/06/2023

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interred. As of November 2021, the cemeteries remained closed, but ACTGC represented that