Case: Jones v. Gusman

2:12-cv-00859 | U.S. District Court for the Eastern District of Louisiana

Filed Date: April 2, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 2, 2012, ten prisoners at the Orleans Parish Prison -- the New Orleans jail (NOJ) -- brought this class action suit in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff, under 42 U.S.C. § 1983. The plaintiffs, represented by the Southern Poverty Law Center, asked for both declaratory and injunctive relief, alleging that they suffered from abusive and unconstitutional treatment while confined at the NOJ. The case was assigned to Judge Lance…

On April 2, 2012, ten prisoners at the Orleans Parish Prison -- the New Orleans jail (NOJ) -- brought this class action suit in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff, under 42 U.S.C. § 1983. The plaintiffs, represented by the Southern Poverty Law Center, asked for both declaratory and injunctive relief, alleging that they suffered from abusive and unconstitutional treatment while confined at the NOJ. The case was assigned to Judge Lance M. Africk and Magistrate Judge Sally Shushan.

The complaint alleged that the NOJ imposed endemic and egregious constitutional violations on its prisoners, detailing an incredible level of violence within the facility, both at the hands of staff and prisoners. It alleged that officials handled prisoners with mental health issues in an inhumane manner, including withholding medication from new inmates and taking inadequate steps to safeguard the lives of suicidal prisoners. The plaintiffs also alleged that the NOJ was inadequately staffed and supervised.

Prior to the filing of the lawsuit, the U.S. Department of Justice Civil Rights Division had opened an investigation into conditions of confinement at the NOJ, filing a notice of investigation in 2008 and making formal public findings of egregiously dangerous conditions on September 11, 2009. The DOJ findings letter had, like the complaint in this lawsuit, detailed widespread excessive force and failures to protect prisoners, inadequate medical and mental health care, inadequate suicide prevention, and a dangerous physical plant. Just after this lawsuit was filed, the Justice Department sent an additional findings letter, setting out a list of deficiencies that necessitated emergency measures to address them.

In September 2012, the United States, with the consent of the parties, intervened in this case under the Civil Rights of Institutionalized Persons Act and Title VI of the Civil Rights Act of 1964. The Title VI claim was that the NOJ discriminated against Latino prisoners in failing to provide necessary language services to prisoners with limited English proficiency. The Sheriff then filed a third-party complaint against the City of New Orleans, alleging that NOJ deficiencies were caused by the City's refusal to provide adequate funding.

In December 2012, the Sheriff, the private plaintiffs, and the DOJ reached a settlement. In addition to setting out substantive terms about improved conditions and provisions for monitoring and enforcement, the proposed consent judgment set forth a funding process: it required the court to "determine the initial funding needed to ensure constitutional conditions of confinement, in accordance with the terms of this Agreement," at a "funding trial" in which the City would participate.

The City of New Orleans, however, objected to the settlement's expansive terms, which it argued far exceeded the constitutional minimum requirements, in violation of its rights and the Prison Litigation Reform Act (PLRA). The PLRA disallows any federal court enforceable jail or prison decree that isn't narrowly tailored to cure ongoing constitutional violations. The City pointed out that it would be required to fund the millions of dollars (perhaps as much as $35 million) the settlement would cost. Because it had just entered into an extremely expensive settlement of its own with the DOJ Civil Rights Division (to reform the scandal-ridden New Orleans Police Department), the City complained money for this settlement was simply unavailable. (This case, United States v. New Orleans, is in this Clearinghouse as PN-LA-0001).

After briefing, Judge Africk on January 22, 2013, granted preliminary approval of the settlement and scheduled a fairness hearing, at which he would examine it more thoroughly. In the months leading up to the fairness hearing, the City sought appointment of a receiver to run the NOJ, arguing that what was needed was not additional money but rather a change in control; the City blamed poor conditions on the Sheriff and his management.

The fairness hearing took four days, beginning April 1, 2013, with a good deal of additional briefing and discussion following. On June 6, 2013, Judge Africk rejected the City's arguments in a 103 page ruling, pointing out that elected Sheriffs frequently settle cases on their county or City's dime. He granted the motion for the consent judgment and the class certification, entering the proposed judgment. Judge Africk ruled that the NOJ was indeed imposing systemically unconstitutional conditions on its prisoners, describing a horrifying level of violence, untreated illness, and dysfunction.

The consent judgment was a comprehensive reform document, requiring wholesale changes to NOJ operations, and a monitor to assist/ensure that changes happen. The parties agreed to new policies regarding protection from harm, mental health care, medical care, sanitation and environmental conditions, fire and life safety; language assistance, and youthful prisoners. Specific provisions of the agreement included improved documentation of abuse by prisoners and staff; review of prison conditions and officials, new policies regarding the use of force against prisoners, a mandated separation of teenaged and adult prisoners, and a revised staffing plan to ensure that enough officers are provided to protect prisoners. The injunction had no set end date; it was to be lifted after the NOJ has remained in substantial compliance with the settlement agreement for a period of two years. It was court-enforceable by the plaintiffs and the United States.

The funding hearing was held in August 2013. On September 3, 2013, Judge Africk dismissed the City's motion to appoint a receiver without prejudice. On September 9, 2013, Judge Africk appointed Susan W. McCampbell as the lead monitor pursuant to the consent judgment, as well as sub-monitors. On September 12, 2013, Judge Africk also ordered the Sheriff and the City to each provide $105,000 for the purpose of paying the monitoring costs through the end of the year.

On October 10, 2013, Judge Africk approved the consent judgment on attorneys' fees. The Sheriff had to pay $900,000 in full and final settlement of all fees and costs.

On October 21, 2013, Judge Africk approved the settlement agreed to by all parties regarding the issue of funding between the Sheriff and the City. The City agreed to pay $1.8 million in interim funding for the fiscal year of 2013. The City did not agree to pay any specific level of funding for 2014 and beyond. On April 17, 2014, Judge Africk granted the joint motion for entry of a settlement agreement detailing more of the changes the Sheriff was to make and the uses for the funds provided by the City, including funds that had not yet been allocated. On August 13, 2014, the court approved the Sheriff's proposal for short-term housing of inmates with acute and subacute mental health problems and ordered the City to pay for it.

Monitoring continued over the subsequent years, as did litigation concerning compliance as the parties worked out the details within the settlement framework.

On April 25, 2016, the plaintiffs filed a motion to show cause why the defendants should not be held in contempt. The plaintiffs argued that, in light of the assessments of appointed monitors "about the Sheriff’s inability to achieve compliance and OPSO’s leadership shortcomings," the court should appoint a receiver to implement the reforms needed for compliance at the Orleans Paris Jail. The parties stipulated to the following agreement on June 21, 2016: (1) the Sheriff would appoint an independent jail compliance director to implement the consent judgment, (2) provisions for transparency and information sharing as implementation progressed, (3) the monitor's continued evaluative role, and (4) specific duties of the compliance director.

On December 2, 2016, the independent compliance director submitted a draft of the initial remedial action plan. He submitted his revised action plan a month later, as well as a supplemental action plan. Broadly, the director's action plan included strategies to (1) decrease the number of inmate and staff assaults, (2) accomplish sustainable hiring measures, (3) maintain a "positive, professionalized" jail staff culture, (4) ensure effective staff presence and deployment throughout the jail, (5) promote timely completion of critical policies and procedures related to compliance, (6) ensure staff are adequately trained, (7) ensure enforcement of direct supervision throughout the jail, (8) prevent undue reliance on cell confinement or lockdown, (9) timely return inmates housed outside of Orleans Parish, (10) ensure adequate support for inmates placed on suicide precautions, (11) reduce incidents of suicide and self-harm, (12) thorough and fair investigation of inmate grievances and incidents of harm, (13) ensure appropriate and recorded use of force by staff, (14) maintain acceptable sanitation and environmental conditions, (15) ensure the disciplinary system is effective and affords inmates due process, (16) ensure the implementation of budget control measures and competition in procurement, and (17) ensure effective staffing.

Remediation and monitoring occurred over the next year. On January 18, 2018, the monitor submitted the eighth report to the court, informing the court that safety, medical and mental health care, and environmental conditions of inmates had marginally improved at both the OJC and the Temporary Detention Center. Another report was submitted on August 29, 2018, reporting marginal improvement compared to the January report.

On July 27, 2018, the Jail Compliance Director filed a motion to clarify the stipulated order to determine whether the Jail Compliance Director "shares the absolute judicial immunity of the Court." On the recommendation of the magistrate judge, this motion was denied on October 15, 2018.

On January 25, 2019, in response to periodic updates and status reports from the independent compliance director, the court ordered: 1) short-term action be taken in response to mental health-related issues at OJC; and 2) the city shall direct the architect chosen to design the permanent facility to begin the programming phase of the project. After the mid-March status conference and monitors' report, the court ordered further design and construction of the permanent facility.

During a status conference in March 2020, the Sheriff expressed his desire to resume control of OJC by ending the court-appointed Jail Compliance Director's oversight of the facility. On May 26, 2020, a day after the deadline Judge Africk had given him, the Sheriff filed his motion to terminate the consent decree in its entirety. He argued that the defendants were in compliance with the consent decree based on the applicable constitutional minimum standard. According to the motion, continued enforcement of the decree would exceed the "narrowly drawn…least intrusive means necessary to correct the violation" standard required by the PLRA.

As of this writing on May 28, 2020, the consent decree remains in effect as this motion is pending, and monitoring is ongoing.

Summary Authors

Jonathan Forman (7/5/2013)

Jessica Kincaid (7/14/2014)

Virginia Weeks (12/1/2017)

Jake Parker (7/18/2018)

Alex Moody (5/28/2020)

Related Cases

Hamilton v. Schriro, Eastern District of Louisiana (1969)

United States v. City of New Orleans, Eastern District of Louisiana (2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4270001/parties/jones-v-gusman/


Judge(s)

Africk, Lance M. (Louisiana)

Chasez, Alma L. (Louisiana)

Shushan, Sally A. (Louisiana)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Georgia)

Bedi, Sheila A. (Mississippi)

Coco, Jennifer M. (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Dominguez, Silvia Judith (District of Columbia)

Foley, Eric Andrew (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Judge(s)

Africk, Lance M. (Louisiana)

Chasez, Alma L. (Louisiana)

Shushan, Sally A. (Louisiana)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Georgia)

Bedi, Sheila A. (Mississippi)

Coco, Jennifer M. (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Dominguez, Silvia Judith (District of Columbia)

Foley, Eric Andrew (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Sun, Christine P. (Alabama)

Washington, Emily (Louisiana)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Arcuri, Blake J (Louisiana)

Follette, Patrick R. (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Monsour, Ryan P. (Louisiana)

O'Boyle, Inemesit U. (Louisiana)

Richardson, Timothy R (Louisiana)

Rodrigue, Laura C (Louisiana)

Usry, Thomas Allen (Louisiana)

Weeks, John F. II (Louisiana)

Other Attorney(s)

Austin, Roy L. (District of Columbia)

Barbera, Thomas Jeffrey (Louisiana)

Bowdler, Bryan Edward (Louisiana)

Brett, Sharon (District of Columbia)

Bunton, Derwyn (Louisiana)

Capitelli, Brian Joseph (Louisiana)

Carter, Theodore R. III (Louisiana)

Coon, Laura (District of Columbia)

Cooper, M Rebecca (Louisiana)

Cortizas, Richard F. (Louisiana)

Cowall, Laura Coon (District of Columbia)

Dean, Kerry Krentler (District of Columbia)

Dietz, Rebecca H (Louisiana)

Eagan, Ewell Patrick (Louisiana)

Eppsteiner, George E (District of Columbia)

Fraser, Matthew David (Louisiana)

Gupta, Vanita (District of Columbia)

Hansell, Churita H. (Louisiana)

Harowski, Christie C. (Louisiana)

Holder, Eric H. Jr. (District of Columbia)

Kennedy, Philip H (Louisiana)

King, Loretta (District of Columbia)

Lebeouf, Sunni (Louisiana)

Lellelid, Anna (Louisiana)

Letten, Jim (Louisiana)

Marks, Megan R (District of Columbia)

Park, Jee Y (Louisiana)

Paul, Matthew J. (Louisiana)

Perez, Thomas E. (District of Columbia)

Polite, Kenneth A. (Louisiana)

Quigley, William Patrick (Louisiana)

Reingold, Colin (Louisiana)

Reuter, Bryan C (Louisiana)

Rosenbaum, Steven H. (District of Columbia)

Rosenberg, Harry A. (Louisiana)

Sanders, Corey M. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Stanley, Richard C (Louisiana)

Swensek, Adam J. (Louisiana)

Taplin, Cherrell Simms (Louisiana)

Turner, Donesia Diane (Louisiana)

Vogeltanz, Kevin S (Louisiana)

Williams, Sharonda R. (Louisiana)

Expert/Monitor/Master

Gimenez, Carlos E. (Florida)

Maynard, Gary (Louisiana)

Documents in the Clearinghouse

Document

2:12-cv-00859

Docket [PACER]

June 10, 2020

June 10, 2020

Docket

2:12-cv-00859

[Findings letter]

No Court

Sept. 11, 2009

Sept. 11, 2009

Findings Letter/Report
2-2

2:12-cv-00859

Declarations II

April 1, 2012

April 1, 2012

Declaration/Affidavit
2-3

2:12-cv-00859

Declarations I

April 1, 2012

April 1, 2012

Declaration/Affidavit

2:12-cv-00859

Report on Sexual Victimization in Prisons and Jails

No Court

April 1, 2012

April 1, 2012

Monitor/Expert/Receiver Report
1

2:12-cv-00859

Class Action for Declaratory and Injunctive Relief

April 2, 2012

April 2, 2012

Complaint
6

2:12-cv-00859

Plaintiffs' Notice of Supplemental Filing in Support of Class Certification

April 9, 2012

April 9, 2012

Findings Letter/Report

2:12-cv-00859

Re: Update to Letter of Findings

No Court

April 23, 2012

April 23, 2012

Findings Letter/Report
68-3

2:12-cv-00859

Memorandum of Law in Support of the United States' Unopposed Motion to Intervene Pursuant to the Civil Rights of Institutionalized Persons Act 42 U.S.C. § 1997

Sept. 24, 2012

Sept. 24, 2012

Pleading / Motion / Brief
68-2

2:12-cv-00859

Complaint in Intervention

Sept. 24, 2012

Sept. 24, 2012

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4270001/jones-v-gusman/

Last updated May 29, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 350 receipt number 053L-3454225) filed by Richard Lanford, Kent Anderson, Lashawn Jones, Greg Journee, Steven Dominick, Euell Sylvester, Leonard Lewis, Anthony Gioustavia, Mark Walker, Jimmie Jenkins. (Attachments: # 1 Civil Cover Sheet)(Schwartzmann, Katharine) Modified on 4/4/2012 (lag, ). (Entered: 04/02/2012)

1 Civil Cover Sheet

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April 2, 2012

April 2, 2012

PACER
2

MOTION to Certify Class by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Greg Journee, Richard Lanford, Leonard Lewis, Lashawn Jones, Euell Sylvester, Mark Walker. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 Plaintiff Declarations, # 3 Exhibit 2 Witness Declarations, # 4 Exhibit 3 State Court Pleadings, # 5 Exhibit 4 Bedi Declaration, # 6 Exhibit 5 DOJ Findings)(Schwartzmann, Katharine) Modified on 4/4/2012 (lag, ). (Entered: 04/02/2012)

1 Memorandum in Support

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2 Exhibit 1 Plaintiff Declarations

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3 Exhibit 2 Witness Declarations

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4 Exhibit 3 State Court Pleadings

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5 Exhibit 4 Bedi Declaration

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6 Exhibit 5 DOJ Findings

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April 2, 2012

April 2, 2012

RECAP
3

Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Sally Shushan. (jmd, ) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
4

Request of Summons Issued as to All Defendants filed by All Plaintiffs re 1 Complaint,. (Attachments: # 1 Summons Gore, # 2 Summons Gusman, # 3 Summons Higgins, # 4 Summons Louque, # 5 Summons Pittman, # 6 Summons Spinney, # 7 Summons Winnfield)(Schwartzmann, Katharine) (Entered: 04/04/2012)

1 Summons Gore

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2 Summons Gusman

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3 Summons Higgins

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4 Summons Louque

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5 Summons Pittman

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6 Summons Spinney

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7 Summons Winnfield

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April 4, 2012

April 4, 2012

PACER
5

Summons Issued as to Charles Ezeb, Samuel Gore, Marlin N Gusman, Charles Higgins, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield. (car, ) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
6

NOTICE by All Plaintiffs of Supplemental Filing re class certification. (Attachments: # 1 Exhibit PREA Report 2012)(Schwartzmann, Katharine) Modified on 4/10/2012 (car, ). (Entered: 04/09/2012)

1 Exhibit PREA Report 2012

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April 9, 2012

April 9, 2012

PACER
7

MOTION for Extension of Time to Answer by Charles Ezeb, Samuel Gore, Marlin N Gusman, Charles Higgins, Carlos Louque, Bonita Pittman, Jerrod Spinney, Unidentified Party, Kevin Winfield. Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order)(Matthews, Freeman) (Entered: 04/23/2012)

1 Proposed Order

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April 23, 2012

April 23, 2012

PACER
8

MOTION to Consolidate Cases by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion set for 5/9/2012 09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Order Consolidating, # 4 Proposed Order Granting Oral Argument)(Schwartzmann, Katharine) (Entered: 04/24/2012)

1 Memorandum in Support

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2 Notice of Hearing (Criminal Only)

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3 Proposed Order Consolidating

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4 Proposed Order Granting Oral Argument

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April 24, 2012

April 24, 2012

PACER
9

SUMMONS Returned Executed; Charles Ezeb served on 4/9/2012, answer due 4/30/2012; Samuel Gore served on 4/9/2012, answer due 4/30/2012; Marlin N Gusman served on 4/9/2012, answer due 4/30/2012; Charles Higgins served on 4/9/2012, answer due 4/30/2012; Carlos Louque served on 4/9/2012, answer due 4/30/2012; Bonita Pittman served on 4/9/2012, answer due 4/30/2012; Jerrod Spinney served on 4/9/2012, answer due 4/30/2012; Kevin Winfield served on 4/9/2012, answer due 4/30/2012. (Attachments: # 1 Summons Louqe, # 2 Summons Ezeb, # 3 Summons Spinney, # 4 Summons Winfield, # 5 Summons Pittman, # 6 Summons Gusman, # 7 Summons Gore)(Schwartzmann, Katharine) (Entered: 04/24/2012)

1 Summons Louqe

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2 Summons Ezeb

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3 Summons Spinney

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4 Summons Winfield

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5 Summons Pittman

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6 Summons Gusman

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7 Summons Gore

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April 24, 2012

April 24, 2012

PACER
10

Request/Statement of Oral Argument by All Plaintiffs regarding 8 MOTION to Consolidate Cases . (car, ) (Entered: 04/25/2012)

April 24, 2012

April 24, 2012

PACER
11

Correction of Docket Entry by Clerk re 8 MOTION to Consolidate Cases - Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately, without a signature line for the Judge's signature. (car, ) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER
12

ORDER finding as moot 8 Motion to Consolidate Cases. Signed by Judge Lance M Africk. (car, ) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
13

ORDER consolidating lead case 12-859 w/SEALED member case 12-138 as set forth in document. Signed by Judge Lance M Africk.(car, ) (Entered: 05/01/2012)

April 30, 2012

April 30, 2012

PACER
14

MOTION for Preliminary Injunction by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion set for 9/5/2012 09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1: DOJ 2012 Findings, # 4 Exhibit 2: Witness Declarations, # 5 Exhibit 3: DOJ 2009 Findings)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 05/01/2012)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1: DOJ 2012 Findings

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4 Exhibit 2: Witness Declarations

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5 Exhibit 3: DOJ 2009 Findings

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May 1, 2012

May 1, 2012

PACER
15

MOTION for Discovery by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. Motion set for 5/23/2012 09:00 AM before Mag Judge Shushan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 5/2/2012 (car, ). (Entered: 05/01/2012)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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May 1, 2012

May 1, 2012

PACER
16

ORDER re 15 MOTION for Discovery. Dfts are ORDERED to file a resp on or bfr 5/16/2012. Plas may file a reply to that resp, not exceeding 5 pages in length, on or bfr 5/21/2012. The motion will then be taken under submission on the briefs w/out the necessity of oral argument. Req for oral argument is DENIED. Signed by Magistrate Judge Sally Shushan on 5/2/2012.(Reference: 12-0859)(caa, ) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
17

ORDER that 16 Order is hereby WITHDRAWN AND VACATED. Further Order denying w/out prej as moot 15 MOTION for Discovery filed by Greg Journee, Richard Lanford, Kent Anderson, Steven Dominick, Lashawn Jones, Leonard Lewis, Anthony Gioustavia, Jimmie Jenkins, Euell Sylvester & Mark Walker. Signed by Magistrate Judge Sally Shushan on 5/2/2012.(Reference: 12-0859)(caa, ) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
18

ORDER granting 7 Motion for Extension of Time to Answer re 1 Complaint, as to Charles Ezeb, Samuel Gore, Marlin N Gusman, Charles Higgins, Carlos Louque, Bonita Pittman, Jerrod Spinney, Kevin Winfield; answer due 5/21/2012. Signed by Judge Lance M Africk on 5/2/12. (Reference: 12-859)(sek, ) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
19

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 5/2/2012. ORDERED that the parties will submit a proposed 90-day discovery schedule with respect to the motion for injunctive relief along with a reasonable discovery schedule with respect to the motion for class certification no later than Wednesday, May 9, 2012. FURTHER ORDERED that plaintiffs will submit their initial witness list no later than Wednesday, May 30, 2012, with a continuing duty to supplement the witness list every thirty (30) days thereafter. FURTHER ORDERED that another Status Conference is set for 6/5/2012 07:30 AM before Judge Lance M Africk. (Reference: 12-859)(sek, ) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
20

Exparte Motion by All Plaintiffs for Status Conference (Attachments: # 1 Affidavit, # 2 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 5/4/2012 (car, ). (Entered: 05/03/2012)

1 Affidavit

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2 Proposed Order

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May 3, 2012

May 3, 2012

PACER
21

ORDER granting 20 Request for Hearing filed by Greg Journee, Richard Lanford, Kent Anderson, Steven Dominick, Lashawn Jones, Leonard Lewis, Anthony Gioustavia, Jimmie Jenkins, Euell Sylvester, Mark Walker. Status Conference set for 5/9/2012 05:00 PM before Judge Lance M Africk.. Signed by Judge Lance M Africk.(Reference: 12-859)(car, ) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
22

**DEFICIENT** Amendment/Supplement to Document by All Plaintiffs re 21 Order, Set/Reset Hearings, Terminate Motions. (Attachments: # 1 Exhibit)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 5/8/2012 (caa, ). (Entered: 05/07/2012)

1 Exhibit

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May 7, 2012

May 7, 2012

PACER
23

MOTION for Leave to File Supplemental Pleading by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion set for 5/23/2012 09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading, # 4 Proposed Pleading exhibits, # 5 Notice of Submission)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 05/08/2012)

1 Memorandum in Support

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2 Proposed Order

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3 Proposed Pleading

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4 Proposed Pleading exhibits

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5 Notice of Submission (Civil Only)

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May 8, 2012

May 8, 2012

PACER
24

Proposed Expedited Discovery Plan for hrg on prelim injunction by All Plaintiffs (Attachments: # 1 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 5/10/2012 (car, ). (Entered: 05/09/2012)

1 Proposed Order

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May 9, 2012

May 9, 2012

PACER
25

RESPONSE to Motion filed by All Defendants re 23 MOTION for Leave to File Supplemental Pleading. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Reference: 12-0859)(Matthews, Freeman) Modified on 5/10/2012 (car, ). (Entered: 05/09/2012)

1 Exhibit

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2 Exhibit

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3 Exhibit

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May 9, 2012

May 9, 2012

PACER
26

Sealed mtn for prelim injunction. (Reference: 12-138)(car, ) (Entered: 05/10/2012)

May 9, 2012

May 9, 2012

PACER
27

Sealed Order (Reference: 12-138)(car, ) (Entered: 05/10/2012)

May 9, 2012

May 9, 2012

PACER
28

Sealed amd prelim injunction (Reference: 12-138)(car, ) (Entered: 05/10/2012)

May 9, 2012

May 9, 2012

PACER
29

Proposed Class Certification Discovery Schedule by All Plaintiffs (Attachments: # 1 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 5/14/2012 (car, ). (Entered: 05/11/2012)

1 Proposed Order

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May 11, 2012

May 11, 2012

PACER
30

Second MOTION for Leave to File Supplemental Pleading by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion set for 6/6/2012 09:00 AM before Judge Lance M Africk. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 4 Proposed Pleading, # 5 Proposed Pleading, # 6 Proposed Pleading)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 05/14/2012)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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4 Proposed Pleading

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5 Proposed Pleading

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6 Proposed Pleading

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May 14, 2012

May 14, 2012

PACER
31

ORDER granting 23 Motion for Leave to File. Signed by Judge Lance M Africk. (Reference: 12-859)(car, ) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
32

Supplemental Memorandum by All Plaintiffs in support of request for status conf (Attachments: # 1 Exhibit)(Reference: 12-859)(car, ) (Entered: 05/14/2012)

1 Exhibit

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May 14, 2012

May 14, 2012

PACER
33

ORDER granting 30 Motion for Leave to File. Signed by Judge Lance M Africk. (Reference: 12-859)(car, ) (Entered: 05/15/2012)

May 15, 2012

May 15, 2012

PACER
34

Supplemental pleading in support of req for status conf by All Plaintiffs (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Reference: 12-859)(car, ) (Entered: 05/15/2012)

1 Exhibit 1

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2 Exhibit 2

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May 15, 2012

May 15, 2012

PACER
36

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 5/16/2012. (Reference: 12-0859)(caa, ) (Entered: 05/18/2012)

May 16, 2012

May 16, 2012

PACER
35

ANSWER to 1 Complaint, by Charles Ezeb, Samuel Gore, Marlin N Gusman, Charles Higgins, Carlos Louque, Bonita Pittman, Jerrod Spinney, Unidentified Party, Kevin Winfield.(Reference: 12-0859)(Matthews, Freeman) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
37

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 6/5/2012. Status Conference set for 7/26/2012 07:30 AM before Judge Lance M Africk in chambers. (Reference: 12-859)(gec, ) (Entered: 06/05/2012)

June 5, 2012

June 5, 2012

PACER
38

ORDER re 29 Proposed Rule 26(f) Discovery Plan - counsel prepare a joint class certification discovery schedule that will accommodate a class certification hearing beginning on November 12, 2012. The revised discovery schedule will be filed by Monday, June 11, 2012.. Signed by Judge Lance M Africk.(Reference: 12-859)(car, ) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
39

EXPARTE/CONSENT MOTION for Extension of Time to move to quash or limit subp by Roxane A. Townsend. (Attachments: # 1 Exhibits)(Reference: 12-859)(car, ) (Entered: 06/11/2012)

1 Exhibit

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June 8, 2012

June 8, 2012

PACER
40

(Text entry only) ORDER granting 39 Motion for Extension of Time to move to quash or limit subp. Signed by Judge Lance M Africk. (Reference: 12-859)(car, ) (Entered: 06/11/2012)

June 8, 2012

June 8, 2012

PACER
41

Proposed Rule 26(f) Discovery Plan by All Parties (Reference: 12-859)(Schwartzmann, Katharine) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

PACER
42

DEFICIENT-EXPARTE/CONSENT MOTION for Extension of Time to Complete Discovery by Marlin N Gusman. (Attachments: # 1 Notice of Submission, # 2 Exhibit)(Reference: 12-0859)(Matthews, Freeman) Modified on 6/18/2012 (cms, ). (Entered: 06/15/2012)

1 Notice of Submission (Civil Only)

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2 Exhibit

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June 15, 2012

June 15, 2012

PACER
43

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 45 MOTION for Extension of Time to Complete Discovery . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 6/19/2012 (car, ). (Entered: 06/18/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

June 18, 2012

June 18, 2012

PACER
44

Exparte MOTION to Expedite Defendants' Motion for Extension by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 6/19/2012 (car, ). (Entered: 06/18/2012)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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June 18, 2012

June 18, 2012

PACER
45

MOTION for Extension of Time to Complete Discovery by Marlin N Gusman. Motion referred to and set for 7/25/12 9:00 a.m. before Mag Judge Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit)(Reference: 12-0859)(Matthews, Freeman) Modified on 6/19/2012 (car, ). (Entered: 06/18/2012)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit

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June 18, 2012

June 18, 2012

PACER
46

NOTICE by All Plaintiffs of HIPAA stipulation. (Attachments: # 1 Exhibit)(Reference: 12-859; 12-138)(Schwartzmann, Katharine) (Entered: 06/18/2012)

1 Exhibit

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June 18, 2012

June 18, 2012

PACER
47

ORDER granting 44 Motion to Expedite & granting in part and denying in part 45 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Sally Shushan on 6/19/2012. (Reference: 12-0859)(caa, ) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
48

ORDER re 41 Proposed Rule 26(f) Discovery Plan - deadline stated herein. Signed by Judge Lance M Africk.(Reference: 12-859)(car, ) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

PACER
49

-DEFICIENT- MOTION to Compel by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. Motion set for 7/18/2012 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Proposed Order, # 9 Notice of Submission)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 7/2/2012 (ala, ). (Entered: 06/29/2012)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

View on PACER

6 Exhibit

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7 Exhibit

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8 Proposed Order

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9 Notice of Submission (Civil Only)

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June 29, 2012

June 29, 2012

PACER
50

EXPARTE/CONSENT MOTION to Expedite by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Reference: 12-859)(Schwartzmann, Katharine) Modified on 7/2/2012 (ala, ). (Entered: 06/29/2012)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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June 29, 2012

June 29, 2012

PACER
51

MOTION to Compel by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. Motion set for 7/18/2012 09:00 AM before Magistrate Judge Sally Shushan. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Notice of Submission, # 9 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 07/02/2012)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Notice of Submission (Civil Only)

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9 Proposed Order

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July 2, 2012

July 2, 2012

PACER
52

ORDER granting 50 MOTION to Expedite Consideration of Motion to Compel filed by Greg Journee, Richard Lanford, Kent Anderson, Steven Dominick, Lashawn Jones, Leonard Lewis, Anthony Gioustavia, Jimmie Jenkins, Euell Sylvester, Mark Walker. Signed by Magistrate Judge Sally Shushan on 7/5/2012.(Reference: 12-0859)(caa, ) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
53

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 51 MOTION to Compel . (Attachments: # 1 Affidavit)(Reference: 12-00859)(Arcuri, Blake) (Entered: 07/10/2012)

1 Affidavit

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July 10, 2012

July 10, 2012

PACER
54

ORDER: Status Conference RESCHEDULED for 8/1/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 7/10/2012.(Reference: 12-859)(blg) (Entered: 07/12/2012)

July 10, 2012

July 10, 2012

PACER
55

ORDERED that within five working days, plaintiffs notify the Court in writing as to whether the 51 MOTION to Compel is now moot. FURTHER ORDERED that, if plaintiffs contend that the motion is not moot, they supplement their pending motion by that same date to identify the specific issues which remain in dispute. Signed by Magistrate Judge Sally Shushan.(Reference: 12-859)(gec, ) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
56

EXPARTE/CONSENT MOTION to Continue Hearing on Preliminary Injunction by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order, # 4 Notice of Submission)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 07/26/2012)

1 Memorandum in Support

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2 Exhibit

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3 Proposed Order

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4 Notice of Submission (Civil Only)

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July 26, 2012

July 26, 2012

PACER
57

EXPARTE/CONSENT MOTION for Leave to File by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker. Motion(s) referred to Sally Shushan. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 07/27/2012)

1 Proposed Order

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2 Proposed Pleading

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3 Proposed Pleading Exhibit

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July 27, 2012

July 27, 2012

PACER
58

ORDER granting 57 Motion for Leave to Exceed Page Limit. Signed by Magistrate Judge Sally Shushan. (Reference: 12-859)(gec, ) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
59

Supplemental Memorandum filed by All Plaintiffs, in support of 51 MOTION to Compel. (Attachments: # 1 Exhibit)(Reference: 12-859)(gec, ) (Entered: 07/30/2012)

1 Exhibit

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July 30, 2012

July 30, 2012

PACER
60

ORDERED that, within five days, the parties meet and confer to attempt to resolve discovery responses which plaintiffs believe to be insufficient. FURTHER ORDERED that plaintiffs' counsel notify the Court immediately after that conference has concluded. FURTHER ORDERED that, within seven days of that conference, defendants file a response to plaintiffs' supplemental memorandum and seek protective orders as stated within document. Signed by Magistrate Judge Sally Shushan.(Reference: 12-859)(gec, ) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

PACER
61

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 8/1/2012. ORDERED that the 56 MOTION to Continue Preliminary Injunction Hearing is GRANTED and the hearing is CONTINUED. FURTHER ORDERED that another status conference is scheduled for 9/4/2012 07:30 AM in the chambers of Judge Lance M Africk. Signed by Judge Lance M Africk on 8/1/2012. (Reference: 12-859)(blg) (Entered: 08/02/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
62

Supplemental Memorandum by Kent Anderson, Steven Dominick, Anthony Gioustavia, Jimmie Jenkins, Lashawn Jones, Greg Journee, Richard Lanford, Leonard Lewis, Euell Sylvester, Mark Walker to 60 Order,, (Reference: 12-859)(Schwartzmann, Katharine) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
63

Minute Order. Proceedings held before Magistrate Judge Sally Shushan: Telephone Conference held on 8/9/2012. 51 Motion to Compel shall remain under advisement. Telephone Status Conference set for 8/16/2012 10:00 AM before Magistrate Judge Sally Shushan. (Reference: 12-859)(gec, ) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER
64

Minute Entry for proceedings held before Magistrate Judge Sally Shushan: Telephone Status Conference held on 8/16/2012. Telephone Status Conference SCHEDULED for 8/28/2012 01:30 PM before Magistrate Judge Sally Shushan. 51 Motion to Compel shall remain under advisement. (Reference: 12-859)(gec, ) (Entered: 08/16/2012)

Aug. 16, 2012

Aug. 16, 2012

PACER
65

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 9/4/2012. ORDERED that a Telephone Conference is set for 9/10/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 9/4/2012. (Reference: 12-859)(blg) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
66

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 9/10/2012. ORDERED that a Telephone Conference is set for 9/18/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 9/10/2012. (Reference: 12-859)(blg) (Entered: 09/11/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
67

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 9/18/2012. ORDERED that a Telephone Conference is set for 9/21/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 9/18/2012. (Reference: 12-859)(blg) (Entered: 09/19/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
71

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Status Conference held on 9/21/2012. ORDERED that an additional telephone conference is scheduled for 10/4/2012 at 7:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 9/27/2012. (Reference: 12-859)(blg) (Entered: 09/27/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
68

EXPARTE/CONSENT MOTION to Intervene by Department of Justice. (Attachments: # 1 Proposed Order, # 2 Complaint in Intervention, # 3 Memorandum in Support)(Reference: 12 cv 00859)(Sanders, Corey) Modified on 9/24/2012 (ala, ). (Entered: 09/24/2012)

1 Proposed Order Proposed Pleading

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2 Complaint Complaint in Intervention

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3 Memorandum in Support Memorandum in Support

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Sept. 24, 2012

Sept. 24, 2012

PACER
69

Minute Order. Proceedings held before Judge Lance M Africk: Telephone Conference held on 9/25/2012; ORDERED that the 68 Motion to Intervene is GRANTED; FURTHER ORDERED that the next Telephone Conference is set for 10/4/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 9/25/2012. (Reference: 12-859)(blg) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
70

Intervenor COMPLAINT filed by United States of America.(Reference: 12-859)(blg) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
72

EXPARTE/CONSENT MOTION for Leave to File Third-Party Complaint Re: Lashawn Jones by Marlin N Gusman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading Third-Party Complaint, # 3 Exhibit Exhibit to Complaint, # 4 Proposed Order)(Reference: 12-00859)(Usry, Thomas) (Entered: 09/28/2012)

1 Memorandum in Support

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2 Proposed Pleading Third-Party Complaint

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3 Exhibit Exhibit to Complaint

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4 Proposed Order

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Sept. 28, 2012

Sept. 28, 2012

PACER
73

EXPARTE/CONSENT MOTION for Leave to File Third-Party Complaint Re: United States of America by Marlin N Gusman. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading Third-Party Complaint, # 3 Exhibit Exhibit to Complaint, # 4 Proposed Order)(Reference: 12-00859)(Usry, Thomas) (Entered: 09/28/2012)

1 Memorandum in Support

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2 Proposed Pleading Third-Party Complaint

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3 Exhibit Exhibit to Complaint

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4 Proposed Order

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Sept. 28, 2012

Sept. 28, 2012

PACER
74

ORDER granting 72 and 73 Motions for Leave to File Third Party Complaint. Signed by Judge Lance M Africk on 10/1/2012. (Reference: 12-859)(blg) Modified on 10/2/2012 (blg). (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
75

THIRD PARTY COMPLAINT against New Orleans City (re: Lashawn Jones, et al) filed by Marlin N Gusman. (Attachments: # 1 Exhibit A)(Reference: 12-859)(blg) (Entered: 10/01/2012)

1 Exhibit A

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Oct. 1, 2012

Oct. 1, 2012

PACER
76

THIRD PARTY COMPLAINT against New Orleans City (re: Unites States of America) filed by Marlin N Gusman. (Attachments: # 1 Exhibit A)(Reference: 12-859)(blg) (Entered: 10/02/2012)

1 Exhibit A

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Oct. 1, 2012

Oct. 1, 2012

PACER
77

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 10/4/2012. ORDERED that the parties will file a proposed interim consent judgment by 10/15/2012. FURTHER ORDERED that another Telephone Conference is set for 10/15/2012 07:30 AM. Signed by Judge Lance M Africk on 10/4/2012. (Reference: 12-859)(blg) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER
78

Request of Summons Issued as to New Orleans City filed by Marlin N Gusman re 76 Third Party Complaint. (Reference: 12-00859)(Arcuri, Blake) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
79

Request of Summons Issued as to New Orleans City filed by Marlin N Gusman re 75 Third Party Complaint. (Reference: 12-00859)(Arcuri, Blake) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
80

Summons Issued as to New Orleans City. (Reference: 12-859)(ala, ) (Entered: 10/09/2012)

Oct. 9, 2012

Oct. 9, 2012

PACER
81

NOTICE by All Plaintiffs re 77 Telephone Conference, Set/Reset Hearings,, . (Attachments: # 1 Affidavit)(Reference: 12-859)(Schwartzmann, Katharine) (Entered: 10/12/2012)

1 Affidavit

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Oct. 12, 2012

Oct. 12, 2012

PACER
82

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 10/15/2012. ORDERED that all counsel will appear in person for the next status conference set for 10/18/2012 08:00 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 10/15/2012. (Reference: 12-859)(blg) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
83

Minute Entry for proceedings held before Judge Lance M Africk: Telephone Conference held on 10/16/2012, re potential appointment of special master. ORDERED that the parties shall provide the Court with written objections and comments, if any, to such appointment and/or may suggest other candidates for said appointment by Wednesday, October 17, 2012, at 4:00 p.m. Signed by Judge Lance M Africk on 10/16/2012. (Reference: 12-859)(blg) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
84

Statement by All Plaintiffs Regarding Appointment of Special Master (Reference: 2:12cv859)(Dean, Kerry) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
85

Memorandum by New Orleans City (Reference: 12-cv-00859)(Williams, Sharonda) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
86

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 10/18/2012. ORDERED that an additional Status Conference is set for 11/27/2012 07:30 AM before Judge Lance M Africk. Signed by Judge Lance M Africk on 10/18/2012. (Reference: 12-859)(blg) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
87

Request of Summons Issued as to Marlin N Gusman filed by United States of America re 70 Intervenor Complaint. (Reference: 2:12-cv-859)(Sanders, Corey) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
88

Summons Issued as to Marlin N Gusman. (Reference: 12-859)(ala, ) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
89

ANSWER to 70 Intervenor Complaint by Marlin N Gusman.(Reference: 12-00859)(Matthews, Freeman) (Entered: 11/02/2012)

Nov. 2, 2012

Nov. 2, 2012

PACER
90

ANSWER to 75 Third Party Complaint, 76 Third Party Complaint, by New Orleans City.(Reference: 12-cv-00859)(Williams, Sharonda) Modified on 11/6/2012 (ala, ). (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
91

SUMMONS Returned Executed; Marlin N Gusman served on 10/30/2012, answer due 11/20/2012. (Reference: 12-859)(ala, ) (Entered: 11/08/2012)

Nov. 5, 2012

Nov. 5, 2012

PACER
92

Minute Entry for proceedings held before Judge Lance M Africk: Status Conference held on 11/27/2012. ORDERED that a trial to determine whether conditions at Orleans Parish prison facilities are constitutional is scheduled for 2/19/2013 08:30 AM before Judge Lance M Africk. FURTHER ORDERED that a pretrial conference for this trial is scheduled for 2/1/2013 07:30 AM before Judge Lance M Africk. FURTHER ORDERED that on or before 1/30/2013, theparties shall submit briefing, as stated herein. FURTHER ORDERED that a trial to determine the funding needed to ensure constitutional compliance and the source(s) responsible for providing that funding is scheduled for 4/1/2013 08:30 AM before Judge Lance M Africk. FURTHER ORDERED that a pretrial conference for this trial is scheduled for 3/5/2013 07:30 AM before Judge Lance M Africk. FURTHER ORDERED that the case be re-allotted to U.S. Magistrate Judge Alma L. Chasez. Magistrate Judge Alma L. Chasez added; Magistrate Judge Sally Shushan no longer assigned to case. Signed by Judge Lance M Africk on 11/27/2012. (Reference: 12-859)(blg) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
93

ORDER dismissing without prejudice 14 Motion for Preliminary Injunction. Signed by Judge Lance M Africk on 11/27/2012. (Reference: 12-859)(blg) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
94

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Elizabeth Cumming by All Plaintiffs. (Attachments: # 1 Proposed Order)(Reference: 12-859)(Schwartzmann, Katharine) Modified text on 11/29/2012 (clm, ). (Entered: 11/28/2012)

1 Proposed Order

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Nov. 28, 2012

Nov. 28, 2012

PACER
95

ORDER granting 94 Motion to Enroll as Additional Counsel of Record for Attorney Elizabeth Cumming for plaintiffs. Signed by Judge Lance M Africk on 11/29/2012. (Reference: 12-859)(blg) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
96

-ERROR: Document has been stricken pursuant to Rule 5(d) of the FRCP.- Proposed Rule 26(f) Discovery Plan by United States of America (Reference: 859)(Dean, Kerry) Modified on 12/5/2012 (ala, ). (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
97

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Ralph Capitelli and Brian Capitelli by New Orleans City. (Attachments: # 1 Proposed Order)(Reference: 12-00859)(Williams, Sharonda) (Attachment 1 replaced on 12/5/2012) (ala, ). (Attachment 1 replaced on 12/5/2012) (ala, ). (Entered: 12/04/2012)

1 Proposed Order

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Dec. 4, 2012

Dec. 4, 2012

PACER
98

Correction of Docket Entry by Clerk re 96 Proposed Rule 26(f) Discovery Plan ; Document has been stricken pursuant to Rule 5(d) of the FRCP. No further action needed. (Reference: 12-859)(ala, ) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
99

ORDER granting 97 Motion to Enroll as Counsel of Record for Attorney Ralph Capitelli, and Brian J. Capitelli for third-party defendant, New Orleans City. Signed by Judge Lance M Africk on 12/5/2012. (Reference: 12-859)(blg) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
100

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Harry Rosenberg by New Orleans City. (Attachments: # 1 Proposed Order)(Reference: 12-00859)(Williams, Sharonda) (Entered: 12/10/2012)

1 Proposed Order

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Dec. 10, 2012

Dec. 10, 2012

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: April 2, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Men, women and youth imprisoned at the Orleans Parish Prison; also the U.S. as intervening plaintiff.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

MacArthur Justice Center

U.S. Dept. of Justice Civil Rights Division

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New Orleans (New Orleans), City

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,700,000

Order Duration: 2012 - None

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Monitoring

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Excessive force

Failure to discipline

Failure to supervise

Fire safety

Food service / nutrition / hydration

Juveniles

Language access/needs

Sanitation / living conditions

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Youth / Adult separation

Discrimination-basis:

Language discrimination

National origin discrimination

Affected Gender:

Female

Male

Language:

Spanish

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run