Case: Ball v. LeBlanc

3:13-cv-00368 | U.S. District Court for the Middle District of Louisiana

Filed Date: June 10, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 10, 2013, several death row inmates filed this lawsuit in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Public Safety and Corrections and the Louisiana State Penitentiary. The plaintiffs, represented by the Promise of Justice Initiative and private counsel, alleged they were subject to serious mental and physical health risks from continuous exposure to severe seasonal heat, which they claimed violated the Eighth …

On June 10, 2013, several death row inmates filed this lawsuit in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Public Safety and Corrections and the Louisiana State Penitentiary. The plaintiffs, represented by the Promise of Justice Initiative and private counsel, alleged they were subject to serious mental and physical health risks from continuous exposure to severe seasonal heat, which they claimed violated the Eighth and Fourteenth Amendments, and the Americans with Disabilities Act.

On December 19, 2013, the District Court (Judge Brian A. Jackson) ordered that the defendants immediately develop a plan to reduce and maintain the heat index in the death row tiers at or below 88 degrees Fahrenheit. In addition, the court sanctioned defendants based on their bad faith attempts to manipulate data and to abuse discovery. This was based on what plaintiffs had asserted before, that in response to an order to “monitor, record, and report the temperature, humidity, and heat index in each of the death row tiers,” defendants had instead attempted to manipulate the evidence by putting soaker hoses on awnings to mist the walls of certain tiers, and also unsuccessfully attempting to develop a sprinkler system to wet the roof and yard of the prison. Court thus awarded the plaintiffs reasonable attorneys' fees and costs.

The defendants appealed this ruling and moved to stay the order. On January 17, 2014, the District Court denied the defendants' motion to stay pending appeal to the United States Court of Appeals for the Fifth Circuit. A month later, the Fifth Circuit also denied a stay pending appeal.

Pursuant to the District Court's order, on February 17, 2014, the defendants submitted a plan to keep the index in death row at or below 88 degrees Fahrenheit between April 1 and October 31. The defendants hired an expert, who determined that the only way to maintain this temperature was to install facility-wide air conditioning. Accordingly, the defendants proposed the addition of nine tons of air conditioning capacity on each death row tier. The plan also provided for automatic monitoring and recording of temperature and humidity data, one cold shower per day for each inmate, and the provision of clean ice and ice chests.

As the District Court proceeded with the case (and while the appeal proceeded before the Fifth Circuit), the United States Department of Justice filed a notice of interest in the case, expressing its view that if the Court found a constitutional violation, broad relief--including an independent monitor and access rights for the plaintiffs' counsel--was within the authority of the District Court. (The United States took no position on whether the conditions at Angola violated the Eighth Amendment.)

On May 23, 2014, the District Court (Judge Jackson) approved the State's remediation plan and chose a monitor. On June 3, 2014, the court rendered final judgment, finding for the prisoners on the Eighth Amendment claim and for the State on the Americans with Disabilities Act claim. The State appealed. This time, on June 6, 2014, the Fifth Circuit granted a stay while that appeal was pending. According to the informal Supreme Court Docket on Westlaw, the prisoners asked the Supreme Court Justice Scalia (who is the Circuit Justice for the Fifth Circuit) to vacate the stay on June 30, but on July 3 Justice Scalia denied that request.

On July 8, 2015, the Fifth Circuit affirmed in part and reversed in part, in a decision by Judge Edith Jones. The Court of Appeals upheld the liability finding of the resolution of the Eighth Amendment and disability claims, but said that under the Prison Litigation Reform Act, the injunction was too broad. The District Court's order to maintain the heat index at or below 88 degrees, the Court explained, amounted to a requirement of facility-wide air conditioning -- and that was not constitutionally compelled. A narrower remedy would suffice: a daily cold shower, or fans and ice containers, or plentiful cold drinking water and ice. In addition, the relief should not have been awarded facility wide. Since the action was not a class action, relief should have been awarded for the three plaintiffs, individually. Judge Reavley dissented, explaining that the injunction was sufficiently narrow. The Court remanded for crafting of an appropriately tailored injunction.

Meanwhile, the attorney’s fees and costs that plaintiffs had been granted on December 19, 2013 were still at issue. On July 20, 2015, the plaintiffs filed a request of $16,892 for attorney’s fees and costs. The court reassessed costs and damages at $15,262, and this ruling was entered on July 20, 2015. Plaintiffs and defendants agreed to attempt settlement as to the plaintiff’s motions for attorney’s fees, and submit confidential affidavits regarding settlement efforts by April 11, 2016.

On December 22, 2016, the District Court ordered the defendants to implement remedial measures described as the “Third Plan” whenever the heat index exceeded 88 degrees in plaintiffs’ death row tiers. Defendants appealed this ruling once more to the Fifth Circuit, arguing that the District Court violated the Fifth Circuit’s July 8, 2015 judgment. Meanwhile, on May 2, 2017, plaintiffs alleged that defendants had taken away the exhaust fans in plaintiff’s cells, and that defendants were violating the court’s injunctive order and were failing to maintain the status quo. Plaintiffs once more sought attorney’s fees for this violation. On December 22, 2017, special master Paul J. Hebert submitted a status report that was adopted as the court’s opinion, finding that the defendants were in fact complying with the Third Plan and that it seemed to be working, despite plaintiff’s objections. As such, the court denied plaintiff’s requests for attorney’s fees, though they did order defendants to pay for plaintiff’s expert costs.

On July 8, 2015, the Fifth Circuit affirmed in part and reversed in part, in a decision by Judge Edith Jones. The Court of Appeals upheld the liability finding of the resolution of the Eighth Amendment and disability claims, but said that under the Prison Litigation Reform Act, the injunction was too broad. The District Court's order to maintain the heat index at or below 88 degrees, the Court explained, amounted to a requirement of facility-wide air conditioning -- and that was not constitutionally compelled. A narrower remedy would suffice: a daily cold shower, or fans and ice containers, or plentiful cold drinking water and ice. In addition, the relief should not have been awarded facility wide. Since the action was not a class action, relief should have been awarded for the three plaintiffs, individually. Judge Reavley dissented, explaining that the injunction was sufficiently narrow. The Court remanded for crafting of an appropriately tailored injunction.

Meanwhile, the attorney’s fees and costs that plaintiffs had been granted on December 19, 2013 were still at issue. On July 20, 2015, the plaintiffs filed a request of $16,892 for attorney’s fees and costs. The court reassessed costs and damages at $15,262, and this ruling was entered on July 20, 2015. Plaintiffs and defendants agreed to attempt settlement as to the plaintiff’s motions for attorney’s fees, and submit confidential affidavits regarding settlement efforts by April 11, 2016.

On December 22, 2016, the District Court ordered the defendants to implement remedial measures described as the “Third Plan” whenever the heat index exceeded 88 degrees in plaintiffs’ death row tiers. Defendants appealed this ruling once more to the Fifth Circuit, arguing that the District Court violated the Fifth Circuit’s July 8, 2015 judgment. Meanwhile, on May 2, 2017, plaintiffs alleged that defendants had taken away the exhaust fans in plaintiff’s cells, and that defendants were violating the court’s injunctive order and were failing to maintain the status quo. Plaintiffs once more sought attorney’s fees for this violation. On December 22, 2017, special master Paul J. Hebert submitted a status report that was adopted as the court’s opinion, finding that the defendants were in fact complying with the Third Plan and that it seemed to be working, despite plaintiff’s objections. As such, the court denied plaintiff’s requests for attorney’s fees, though they did order defendants to pay for plaintiff’s expert costs.

On January 31, 2018, the Fifth Circuit issued a judgment (Judges Jerry E. Smith, Rhesa Hawkins Barksdale, and Stephen A. Higginson). The court began by explaining the procedural history of the entire case. They then went on to decide the claim of whether the Third Plan violated the Fifth Circuit’s July 8, 2015 judgment. The court held that the "heat index" part of the Third Plan violated the Fifth Circuit’s July 2015 ruling, finding that it was not necessary or relevant. The court upheld the rest of the plan as having already been approved by the court and found necessary to remedy the harm experienced by the plaintiffs. The plaintiffs filed a petition for certiorari with the Supreme Court for review on if the PLRA prohibited ordering a maximum “heat index” to remedy the constitutional violation caused by the heat.

Special Master Paul J. Hebert filed a status report that was last amended on June 4, 2018. According to the special report, the unremediated areas in the death row tiers were excessively hot, and ranged from 88 to 103 degrees Fahrenheit almost every day in June through September.

The plaintiffs withdrew their motion for attorney's fees on August 15, 2018. After reaching a settlement agreement, the parties filed a joint motion for conditional dismissal on November 5, 2018, and the plaintiffs dismissed their pending cert petition in the Supreme Court. Under the settlement, the defendants agreed to provide a minimum of fifteen minutes of shower time each day, ice machines and ice containers, fans, water, icy breeze units, and diversion of cool air from the guard’s pod to the area of plaintiffs’ cells on any day when the heat index in plaintiffs cells exceeds 88 degrees. In addition, if the defendants plan to make any modification that will substantially impact these required steps, they agreed to seek leave from the plaintiffs before doing so. Judge Jackson approved the motion and moved the case to the inactive docket on April 18, 2019. On May 30, 2019, the parties submitted an addendum slightly modifying the requirement for the defendants to divert cool air from the guard’s pod to provide for increased cool air. As of April 11, 2020, the court retains jurisdiction over the settlement as provided in the agreement. One year after substantial compliance has been achieved, if no motion to restore the case to the Court's active docket has been filed, the parties will jointly move for final dismissal.

Summary Authors

Meredith Osborne (11/3/2013)

Jessica Kincaid (3/9/2014)

Jennifer Huseby (10/25/2018)

Alex Moody (4/11/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4271240/parties/ball-v-leblanc/


Judge(s)

Clement, Edith Brown (Louisiana)

Higginson, Stephen Andrew (Louisiana)

Jackson, Brian Anthony (Louisiana)

Prado, Edward Charles (Texas)

Reavley, Thomas Morrow (Texas)

Riedlinger, Stephen C. (Louisiana)

Attorneys(s) for Plaintiff

Compa, Elizabeth Claire (Louisiana)

Dellinger, Walter (District of Columbia)

Kamin, Mitchell A. (California)

Kornberg, Jessica C (California)

Judge(s)

Clement, Edith Brown (Louisiana)

Higginson, Stephen Andrew (Louisiana)

Jackson, Brian Anthony (Louisiana)

Prado, Edward Charles (Texas)

Reavley, Thomas Morrow (Texas)

Riedlinger, Stephen C. (Louisiana)

Attorneys(s) for Plaintiff

Compa, Elizabeth Claire (Louisiana)

Dellinger, Walter (District of Columbia)

Kamin, Mitchell A. (California)

Kornberg, Jessica C (California)

Lee, James M. (California)

Montagnes, Mercedes Hardy (Louisiana)

Scheckman, Steven Robert (Louisiana)

Vora, Nilay U (California)

Attorneys(s) for Defendant

Atkinson, Judith R. E. (Louisiana)

Balhoff, Thomas E (Louisiana)

Clark, Colin Andrew (Louisiana)

Cody, Jeffrey K. (Louisiana)

Dooley, Ross A. (Louisiana)

Guillot, Joseph Charles (Alabama)

Hilburn, James L (Louisiana)

Jones, Carlton III (Louisiana)

Landry, Jeff (Louisiana)

McInnis, Amy L (Louisiana)

Roper, Mary E. (Louisiana)

Shows, Edmond Wade (Louisiana)

White, Winston Eric (Louisiana)

Wilson, Jacqueline B (Louisiana)

Other Attorney(s)

Austin, Roy L. (District of Columbia)

Barnett−Bernal, S. Brooke (Louisiana)

Coon, Laura (District of Columbia)

Ewing, John Lane Jr. (Louisiana)

Green, J. Walter (Louisiana)

Jordan, LaToya D. (Louisiana)

Maraist, Catherine M. (Louisiana)

Myrthil, Marlysha (District of Columbia)

Patterson, Michael A. (Louisiana)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Expert/Monitor/Master

Hebert, Paul J. (Louisiana)

Documents in the Clearinghouse

Document

3:13-cv-00368

13-01286

[Docket]

Supreme Court of the United States

July 3, 2014

July 3, 2014

Docket

3:13-cv-00368

Docket [PACER]

July 23, 2019

July 23, 2019

Docket
1

3:13-cv-00368

Complaint

June 10, 2013

June 10, 2013

Complaint
64

3:13-cv-00368

Statement of Interest of the United States

Aug. 2, 2013

Aug. 2, 2013

Pleading / Motion / Brief
82

3:13-cv-00368

Order [denying Defendants' motion to remove awnings]

Sept. 17, 2013

Sept. 17, 2013

Order/Opinion
87

3:13-cv-00368

Ruling and Order

988 F.Supp.2d 639, 2013 WL 6705141

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
88

3:13-cv-00368

Ruling and Order [Granting in Part and Denying in Part Plaintiffs' Motions for Sanctions]

300 F.R.D. 270, 2013 WL 6705154

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
88

3:13-cv-00368

Ruling and Order [Granting Plaintiffs' Motion for Judicial Notice of Prison Regulations and Louisiana Laws Requiring Climate Control]

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
88

3:13-cv-00368

Ruling and Order

Dec. 19, 2013

Dec. 19, 2013

Order/Opinion
100

3:13-cv-00368

Ruling and Order [Denying Defendants' Motion to Stay Pending Appeal]

2014 WL 231920

Jan. 17, 2014

Jan. 17, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4271240/ball-v-leblanc/

Last updated Aug. 12, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood ( Filing fee $ 400 receipt number 053N-956181.), filed by Elzie Ball, James Magee, Nathaniel Code. (Attachments: # 1 Cover sheet, # 2 Related case)(Montagnes, Mercedes) (Entered: 06/10/2013)

1 Cover sheet

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2 Related case

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June 10, 2013

June 10, 2013

RECAP

Motions Referred

June 10, 2013

June 10, 2013

PACER
2

NOTICE of Civil Cover Sheet by Elzie Ball, Nathaniel Code, James Magee (Montagnes, Mercedes) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
3

NOTICE of Summons by Elzie Ball, Nathaniel Code, James Magee (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Montagnes, Mercedes) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
4

Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
5

MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) Modified to edit text on 6/10/2013 (SMG). (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
6

MOTION for Nilay U Vora to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956279) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Affidavit, # 2 Certificates)(Montagnes, Mercedes) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
7

ORDER granting 6 Ex Parte Motion for Admission Pro Hac Vice. Nilay U. Vora admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER

MOTION(S) REFERRED: 5 MOTION for Mitchell A. Kamin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956260). This motion is now pending before the USMJ. (SMG)

June 10, 2013

June 10, 2013

PACER
8

ORDER granting 5 Ex Parte Motion for Admission Pro Hac Vice. Mitchell A. Kamin admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/10/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
9

SUMMONS Returned Executed by Elzie Ball, James Magee, Nathaniel Code. All Defendants. (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service)(Montagnes, Mercedes) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
10

MOTION for Jessica Kornberg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-956782) by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Certificates, # 2 Affidavit)(Montagnes, Mercedes) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
11

ORDER granting 10 Ex Parte Motion for Admission Pro Hac Vice. Jessica Kornberg admitted pro hac vice as attorney for the plaintiffs. Signed by Magistrate Judge Stephen C. Riedlinger on 6/11/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
12

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit)(Montagnes, Mercedes) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
13

MOTION for Expedited Hearing on 12 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Montagnes, Mercedes) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
14

ORDER granting 13 Motion for Expedited Hearing on Motion for Preliminary Injunction. Hearing on 12 MOTION for Preliminary Injunction set for 7/2/2013 at 09:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. Plaintiffs' request that the Court waive the security requirenment of FRCP 65 shall also be heard at this time. Defendants shall file memo in opposition to Motion for Preliminary Injunction no later than 6/28/2013 at 5:00 p.m. Signed by Chief Judge Brian A. Jackson on 6/24/2013. (PJH) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 24, 2013

June 24, 2013

PACER

Set/Reset Deadlines as to 12 MOTION for Preliminary Injunction . (PJH)

June 24, 2013

June 24, 2013

PACER
15

MEMORANDUM in Opposition to 12 MOTION for Preliminary Injunction filed by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Affidavit Exhibit A)(Wilson, Jacqueline) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER

Set/Reset Deadlines

June 28, 2013

June 28, 2013

PACER
16

MOTION to Strike by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Proposed Order)(Wilson, Jacqueline) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
17

MOTION for Expedited Hearing on 16 MOTION to Strike by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
18

MOTION for Extension of Time to File Responsive Pleadings by All Defendants. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
19

ORDER granting 18 Ex Parte Motion for Extension of Time to File Responsive Pleadings. Defendants' responsive pleadings due by 7/23/2013. Signed by Magistrate Judge Stephen C. Riedlinger on 6/28/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER

Set/Reset Deadlines: Burl Cain answer due 7/23/2013; James M. LeBlanc answer due 7/23/2013; Louisiana Department of Public Safety and Corrections answer due 7/23/2013; Angie Norwood answer due 7/23/2013. (JDL)

June 28, 2013

June 28, 2013

PACER
20

RESPONSE in Opposition to 16 MOTION to Strike filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Montagnes, Mercedes) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
21

Proposed Findings of Fact by Elzie Ball, Nathaniel Code, James Magee. (Montagnes, Mercedes) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
22

MOTION for Leave to File Supplemental Affidavits in Opposition to 12 Motion for Preliminary Injunction and Incorporated Memorandum by All Defendants. (Attachments: # 1 Proposed Pleading; Order, # 2 Proposed Pleading; Supplemental Affidavit of Vannoy, # 3 Proposed Pleading; Singh Affidavit)(Wilson, Jacqueline) Modified to edit text and docket relationship on 7/2/2013 (SMG). (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
23

MOTION for Expedited Hearing on 22 MOTION for Leave to File Supplemental Affidavits by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
24

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Motion Hearing held on 7/2/2013 re 12 MOTION for Preliminary Injunction filed by Nathaniel Code, Elzie Ball, James Magee, 16 MOTION to Strike Exhibits filed by Burl Cain, Angie Norwood, James M. LeBlanc, Louisiana Department of Public Safety and Corrections. Counsel presents oral argument to the Court. The Court defers ruling on Motion for Preliminary Injunction and Motion to Strike Exhibits until the evidentiary hearing scheduled for 8/5/2013 at 2:00 p.m., in Courtroom 2. Trial of this matter on the merits will commence immediately following the evidentiary hearing. Parties shall meet, confer, and develop a joint proposed discovery plan, as stated herein, and submitted their joint proposed discovery plan to the Court no later than 5:00 p.m. on 7/9/2013. Court will issue discovery order by 7/10/2013. Defendants shall begin 21 day collection of data on 7/15/2013. Matter will be scheduled for ptrl cnf prior to the 8/5/2013 hearing.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER

Set/Reset Deadlines

July 2, 2013

July 2, 2013

PACER

Set/Reset Deadlines: Joint Proposed Discovery Plan due no later than 5:00 PM on 7/9/2013. (JDL)

July 2, 2013

July 2, 2013

PACER
25

MOTION to Enroll Amy L. McInnis as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
26

Proposed Scheduling Order by All Plaintiffs. (Montagnes, Mercedes) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
27

ORDER granting 25 Motion to Enroll as Additional Counsel. Added attorney Amy L. McInnis for James M. LeBlanc, Burl Cain, Angie Norwood and Louisiana Department of Public Safety and Corrections. Signed by Magistrate Judge Stephen C. Riedlinger on 7/9/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

PACER
28

SCHEDULING ORDER: Discovery deadlines are established as stated herein. Proposed Pretrial Order due by 7/30/2013. Pretrial Conference set for 7/31/2013 at 03:30 PM in chambers before Chief Judge Brian A. Jackson. Discovery conference with United States Magistrate Judge Stephen C. Riedlinger is scheduled for 7/23/2013. Parties shall be responsible for contacting Judge Riedlinger's chambers to set the time and location of the conference.. Signed by Chief Judge Brian A. Jackson on 7/10/2013. (PJH) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER

Set/Reset Deadlines/Hearings

July 10, 2013

July 10, 2013

PACER

Set/Reset Deadlines

July 10, 2013

July 10, 2013

PACER
29

MOTION to Appoint Third Party Expert /Proposed Expert Data Collection by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Montagnes, Mercedes) Modified to edit text on 7/11/2013 (SMG). Modified on 7/11/2013 to edit event type to a motion (NLT). (Entered: 07/10/2013)

1 Exhibit

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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 Exhibit

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July 10, 2013

July 10, 2013

PACER

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Proposed Pretrial Order due by 7/30/2013 at 12:00 PM. Evidentiary Hearing and Trial set for 8/5/2013 at 2:00 PM in Courtroom 2 before Chief Judge Brian A. Jackson. (JDL)

July 10, 2013

July 10, 2013

PACER

Set/Reset Deadlines: Daubert Motions and Motions In Limine shall be filed by 7/26/2013. (JDL)

July 10, 2013

July 10, 2013

PACER
30

MOTION to Substitute 29 MOTION to Appoint Third Party Expert To Address Typographical Errors by All Plaintiffs. (Attachments: # 1 Attachment Corrected document)(Montagnes, Mercedes) Modified to edit text on 7/11/2013 (SMG). (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
31

Emergency Brief regarding Defendants Submission of Proposed Independent Expert. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Wilson, Jacqueline) (Entered: 07/11/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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July 11, 2013

July 11, 2013

PACER
32

MOTION for Expedited Consideration on 31 Emergency Brief regarding Defendants Submission of Proposed Independent Expert by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) Modified to edit text on 7/11/2013 (SMG). (Entered: 07/11/2013)

1 Proposed Pleading; Order

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July 11, 2013

July 11, 2013

PACER
33

ORDER regarding 29 Plaintiff's Proposed Expert Data Collection filed by Nathaniel Code, Elzie Ball, James Magee: The Defendants shall file a memorandum in response no later than 5:00 p.m. on 7/11/2013. Signed by Chief Judge Brian A. Jackson on 07/11/2013. (SMG) (Entered: 07/11/2013)

July 11, 2013

July 11, 2013

PACER
34

ORDER... Defendants Motion for Expedited Consideration (Doc. 32)is GRANTED. Plaintiffs Proposed Expert Data Collection(Doc. 29) and Defendants Submission of Proposed Independent Expert (Doc. 31) shall be heard with oral argument on Friday, July 12, 2013 at 11:30 a.m. via a telephone conference. Counsel for Defendants shall be responsible for initiating the conference call to opposing counsel and the Court, or in the alternative, obtaining a conference call-in number, and notifying the Court and opposing counsel of the conference call-in number and pass code.. Signed by Chief Judge Brian A. Jackson on 7/12/2013. (PJH) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER

Set/Reset Deadlines/Hearings

July 12, 2013

July 12, 2013

PACER

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Telephone Conference set for 7/12/2013 at 11:30 AM before Chief Judge Brian A. Jackson. Counsel for Defendants shall be responsible for initiating the conference call toopposing counsel and the Court, or in the alternative, obtaining a conference call-innumber, and notifying the Court and opposing counsel of the conference call-in number andpass code.(PJH)

July 12, 2013

July 12, 2013

PACER
35

MOTION for emergency status Conference by All Plaintiffs. (Montagnes, Mercedes) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
36

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 7/12/2013. Counsel for Plaintiffs agreed toDefendants proposed expert, U.S. Risk Management. Counsel for Defendants further agreed to confirm with Defendants that they will seek no more than $10,000.00 in related expert costs at the conclusion of this litigation, if permitted. Parties also agreed to contact United States Magistrate Judge Stephen Riedlinger to schedule a settlement conference. Defendants Submission of Proposed Independent Expert (Doc. 31) is GRANTED. Plaintiffs Proposed Expert Data Collection (Doc. 29) is DENIED. Defendants are authorized to retain U.S. Risk Management for the purposes of i nstalling the necessary equipment, collecting the required data, and disseminating such data, as ordered by theCourt. See Docs. 24, 28. Defendants are authorized to retain U.S.Risk Management for the purposes of installing the necessary equipment, collecting the required data, and disseminating such data, as ordered by the Court. See Docs. 24, 28. Defendants shall ensure that the necessary equipment is installed in each of the death row tiers and in multiple locations throughout each tier, including empty inmate cells and/or inmate cells numbered six or higher, so that the most accurate data can be collected. Plaintiffs shall be permitted to retain an own expert to shadow U.S. Risk Management. Plaintiffs shall identify one individual, who shall be permitted to shadow U.S. Risk Management during the installation of the necessary equipment, and inspect the equipment at least once per week. However, Plaintiffs shall bear all costs of retaining such expert. (PJH) (Main Document 36 replaced on 7/15/2013) (PJH). Modified on 7/15/2013 to replace with signed document (PJH). Modified on 8/29/2013 to edit text (PJH). (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

RECAP
37

ORDER denying 35 Emergency Motion for Status Conference, without prejudice to Plaintiff's right to re-file the motion, as stated herein. The parties are cautioned, once again, that the Court is not inclined to be involved in each and every dispute that the parties have over the coming weeks. The parties are further encouraged to do everything within their power to resolve such issues before taking up the limited resources of the Court. Signed by Chief Judge Brian A. Jackson on 7/12/2013. (PJH) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
38

ANSWER to 1 Complaint, by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood.(Wilson, Jacqueline) (Entered: 07/13/2013)

July 13, 2013

July 13, 2013

PACER
39

Unopposed MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) by All Defendants. (Attachments: # 1 Proposed Order)(Jones, Carlton) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER

MOTION(S) REFERRED: 39 Unopposed MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) . This motion is now pending before the USMJ. (SMG)

July 17, 2013

July 17, 2013

PACER

Motions Referred

July 17, 2013

July 17, 2013

PACER
40

ORDER granting 39 MOTION for Leave to Depose the Plaintiffs Pursuant to Rule 30(a)(2)(B) on 7/19/2013. Signed by Magistrate Judge Stephen C. Riedlinger on 07/17/2013. (SMG) Modified to edit text on 7/17/2013 (SMG). (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
41

ORDER Setting Discovery Conference for July 23, 2013 at 1:00 p.m. Counsel for the plaintiffs shall arrange a conference call and provide the court and counsel for the defendants with the call-in number or other instructions. The conference will be canceled if counsel for the parties agree and advise the court that it is not needed. Signed by Magistrate Judge Stephen C. Riedlinger on 7/18/2013. (LLH) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER

Set/Reset Deadlines/Hearings

July 18, 2013

July 18, 2013

PACER

Set/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Discovery Conference set for 7/23/2013 at 01:00 PM before Magistrate Judge Stephen C. Riedlinger. (LLH)

July 18, 2013

July 18, 2013

PACER
42

Joint MOTION for Protective Order by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Protective Order)(Wilson, Jacqueline) (Main Document 42 replaced on 7/25/2013) (SMG). (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
49

MINUTE ENTRY/RULING ON DISCOVERY DISPUTE: Discovery Conference held on 7/23/2013 before Magistrate Judge Stephen C. Riedlinger. Several discovery disputes were resolved at the conference, and three matters were held over until 7/25/2013. Following the settlement conference held on that date, the three remaining discovery disputes were resolved. Dfts were ordered to file their supplemental discovery responses by 5:00 p.m. on 7/29/2013. This ruling briefly recounts those discovery requests as to which a supplemental response is due... (BNW) (Entered: 07/29/2013)

July 23, 2013

July 23, 2013

PACER

MOTION(S) REFERRED: 42 Joint MOTION for Protective Order . This motion is now pending before the USMJ. (SMG)

July 24, 2013

July 24, 2013

PACER

Motions Referred

July 24, 2013

July 24, 2013

PACER
43

ORDER granting 42 Motion for Protective Order. Signed by Magistrate Judge Stephen C. Riedlinger on 07/24/2013. (SMG) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
44

NOTICE TO COUNSEL: STATUS CONFERENCE/SETTLEMENT CONFERENCE set for 7/25/2013 at 1:00 PM in chambers before Magistrate Judge Stephen C. Riedlinger. [PLEASE NOTE: There will be NO CONFERENCE on this date at 10:30 a.m.] (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BNW) Modified on 7/24/2013 (BNW). (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
45

MOTION for Writ of Habeas Corpus ad testificandum by Elzie Ball. (Compa, Elizabeth) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER

Motions Referred

July 25, 2013

July 25, 2013

PACER
46

MOTION for Writ of Habeas Corpus ad testificandum by Nathaniel Code. (Compa, Elizabeth) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
47

MOTION for Writ of Habeas Corpus ad testificandum by James Magee. (Compa, Elizabeth) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER

MOTION(S) REFERRED: 45 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (CGP)

July 25, 2013

July 25, 2013

PACER

MOTION(S) REFERRED: 46 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (CGP)

July 25, 2013

July 25, 2013

PACER

MOTION(S) REFERRED: 47 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USMJ. (LLH)

July 25, 2013

July 25, 2013

PACER
48

MINUTE ENTRY/SETTLEMENT CONFERENCE REPORT: Settlement Conference held on 7/25/2013 before Magistrate Judge Stephen C. Riedlinger. No settlement was reached at the conference. Case remains assigned for a preliminary injunction hearing and trial beginning August 5, 2013. (BNW) (Entered: 07/26/2013)

July 25, 2013

July 25, 2013

PACER

Motions No Longer Referred: 47 MOTION for Writ of Habeas Corpus ad testificandum, 45 MOTION for Writ of Habeas Corpus ad testificandum, 46 MOTION for Writ of Habeas Corpus ad testificandum . This motion is now pending before the USDJ. (NLT)

July 26, 2013

July 26, 2013

PACER

Motions No Longer Referred

July 26, 2013

July 26, 2013

PACER
50

Supplemental RESPONSE to Discovery Request by All Defendants.(McInnis, Amy) Modified on 7/30/2013 (LLH). (Entered: 07/29/2013)

July 29, 2013

July 29, 2013

PACER
51

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Bench Trial in this matter is reset for 8/5/2013 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. *** THIS IS A TIME CHANGE ONLY.(PJH) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
52

Joint MOTION to Extend Deadline to File Pre-Trial Order by All Defendants. (McInnis, Amy) Modified on 7/30/2013 to edit text (CGP). (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
53

Proposed Pretrial Order by All Plaintiffs. (Attachments: # 1 Statement of Undisputed Facts, # 2 Def. Statement, # 3 Pl. Statement, # 4 Exhibit List Def., # 5 Pl. Obj. Exhibit List, # 6 Exhibit List Pl., # 7 Def. Obj. Exhibit List, # 8 Def. Findings of Fact and Conclusions of Law, # 9 Pl. Findings of Fact and Conclusions of Law, # 10 Joint Stip # 1, # 11 Joint Stip # 2)(Montagnes, Mercedes) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
54

ORDER granting 52 Motion to Extend Discovery Deadlines. Final Pretrial Order due by 5:00 p.m. on July 30, 2013. Signed by Chief Judge Brian A. Jackson on 7/30/2013. (LLH) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
55

MOTION to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Requiring Climate Control by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit)(Montagnes, Mercedes) Modified to edit text on 7/31/2013 (SMG). (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
57

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Final Pretrial Conference held on 7/31/2013. The Court encouraged Counsel to confer and try to reach stipulations on the disputed issues included in the Proposed Pretrial Order. Defendants memorandum in opposition to plaintiffs motion to request judicial notice (doc. 55), if any, shall be filed no later than 12:00 p.m. on Friday, August 2, 2013. Counsel shall file a pre-trial brief, limited to 5 pages in length, no later than 12:00 p.m. on Friday, August 2, 2013. The pretrial brief shall address the following: 1. The effect of the remedial measures (i.e. installation of awnings, misting of the buildings, etc.) allegedly taken by Defendants on the data collected between July 15, 2013 and August 5, 2013. 2. Whether it is possible for the Court to isolate the data collected before remedial measures were allegedly taken. The Court granted plaintiffs leave to file one or more motions, related to the evidentiary and discovery issues discussed during the pretrial conference, by 12:00 p.m. on Friday, August 2, 2013. The Parties shall submit separate bench books of exhibits to the Court by 12:00 p.m. on Friday, August 2, 2013. The bench books shall also include an exhibit list and witness list. Counsel may also submit the bench books on disk. Counsel shall report to Courtroom 2 at 8:15 a.m. on Monday, August 5, 2013. (PJH) (Entered: 08/01/2013)

July 31, 2013

July 31, 2013

PACER
56

SEALED ORDER granting 47 MOTION for Writ of Habeas Corpus ad testificandum filed by James Magee, 45 MOTION for Writ of Habeas Corpus ad testificandum filed by Elzie Ball, 46 MOTION for Writ of Habeas Corpus ad testificandum filed by Nathaniel Code. Signed by Chief Judge Brian A. Jackson on 08/04/2013. (NLT) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
58

SEALED DOCUMENT Return on Service on Order and Writ to the Warden at LSP - Served on 08/02/2013.. (Attachments: # 1 Return)(NLT) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
59

Brief regarding Remedial Measures. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wilson, Jacqueline) (Attachment 1 replaced on 8/2/2013) (SMG). (Attachment 2 replaced on 8/2/2013) (SMG). (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
60

MEMORANDUM in Opposition to 55 MOTION to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Requiring Climate Control filed by All Defendants. (Wilson, Jacqueline) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
61

Plaintiffs' Brief on the Reliability of USRM Data by Elzie Ball, Nathaniel Code, James Magee. (Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

RECAP
62

First MOTION and Incorporated Memorandum for Evidentiary Sanctions Against Defendants Re: Costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6A, # 7 Exhibit 6B, # 8 Exhibit 7, # 9 Exhibit 8A, # 10 Exhibit 8B)(Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
63

MOTION and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants' Spoliation of Evidence by Elzie Ball, Nathaniel Code, James Magee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3A, # 4 Exhibit 3B, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6A, # 8 Exhibit 6B, # 9 Exhibit 6C, # 10 Exhibit 6D, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14A, # 19 Exhibit 14B, # 20 Exhibit 14C, # 21 Exhibit 14D)(Montagnes, Mercedes) Modified to edit text on 8/2/2013 (SMG). Modified to correct spelling on 8/5/2013 (SMG). (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
64

NOTICE of Statement of Interest by United States (Maraist, Catherine) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
65

MOTION to Enroll James L. Hilburn as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Wilson, Jacqueline) (Entered: 08/04/2013)

1 Proposed Pleading; Order

View on PACER

Aug. 4, 2013

Aug. 4, 2013

PACER
66

RESPONSE in Opposition to 63 MOTION and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants' Spoliation of Evidence filed by All Defendants. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wilson, Jacqueline) Modified to edit text on 8/5/2013 (SMG). (Entered: 08/04/2013)

Aug. 4, 2013

Aug. 4, 2013

PACER
67

ORDER granting 65 Motion to Enroll as Additional Counsel. Added attorney James L. Hilburn for defendants Louisiana Department of Public Safety and Corrections, James M. LeBlanc, Burl Cain and Angie Norwood. Signed by Magistrate Judge Stephen C. Riedlinger on 8/5/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
75

Minute Entry. Evidentiary hearing on Plaintiffs Motion forInjunctive Relief and trial on the merits held before Chief Judge Brian A. Jackson held on 8/5/2013. Counsel for the United States corrects error on page 3 of documents entitled Statement of Interest filed by United States (doc. 64). Court grants the Defendants Motion to Strike (doc. 16), as to temperature data only, the Defendants Motion for Leave to File Supplemental Affidavits in Opposition to Motion for Preliminary Injunction (doc. 22), and the Defendants Motion for Expedited Hearing on Motion for Leave to File Supplemental Affidavits (doc. 23). The Court hears oral argument on the Plaintiffs Motion to Request Judicial Notice of Administrative Prison Regulations and Louisiana Laws Regarding Climate Control (doc. 55), Plaintiffs Motion and Incorporated Memorandum for Evidentiary Sanctions Against Defendants re: costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs (doc. 62), and the Plaintiffs Motion and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants Spoliation of Evidence (doc. 63). The Court defers ruling on the Plaintiffs Motion to Request Judicial Notice of Administrative Prison Regulations and Louisiana Law Requiring Climate Control (doc. 55), and the Plaintiffs Motion and Incorporated Memorandum in Support of a Motion for Imposition of Sanctions for Defendants Spoliation of Evidence (doc. 63). Counsel for defendants shall file an opposition to the Plaintiffs Motion and Incorporated Memorandum for Evidentiary Sanctions Against Defendants re: costs. of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs (doc. 62) by 5:00 p.m. on Tuesday, August 6, 2013. The Court imposes an order of sequestration. Counsel present opening statements to the Court. Parties stipulate that not all plaintiffs will be present for the duration of the trial. Nathaniel Code, Jr. Frank Thompson, Brandy Perry, Elzie Ball, Angela Norwood, David Garon are sworn and testify on behalf of Plaintiff. Exhibits filed. Matter will continue on 8/6/2013 at 9:30 a.m.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 08/28/2013)

Aug. 5, 2013

Aug. 5, 2013

PACER
68

RESPONSE in Opposition to 62 First MOTION and Incorporated Memorandum for Evidentiary Sanctions Against Defendants Re: Costs of Air Conditioning and Balance of Harms to Defendants from Injunctive Relief Sought by Plaintiffs filed by All Defendants. (Jones, Carlton) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
76

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Evidentiary Hearing on Pltfs Motion for Injunctive Relief and trial on the merits held on 8/6/2013. Stipulation as to the testimony of Secretary J ames LeBlanc and Warden Richard Peabody is read into the record. Disk containing USRM Data (P137) is filed into the record. The following witnesses are sworn and testify on behalf of the Plaintiffs. Dr. Susi Vassallo James J. Balsamo, Jr. Mary Katherine McCarthy Warden Burl Cain James C. Magee Exhibits P98,CV of James J. Balsamo, Jr. (0001-0031 only), and P138 (disk containing charts) are admitted. The Court defers ruling on the admission of exhibit P99, Expert Report of Dr. Vassallo and exhibit P98 (0032 - 0304) the Expert Report of James J. Balsamo, Jr. Plaintiffs rests. Counsel for the Defendants moves for dismissal under Rule 52. For reasons stated herein, the Court defers ruling on the Defendants Motion for Dismissal at this time. The following witnesses are sworn and testify on behalf of defendants: Stephen Trauth John M. Grimes, III Henry Eyre, III Dr. Raman Singh Exhibit D1, CV of John M. Grimes, III is admitted. The evidentiary hearing on the Plaintiffs Motion for Injunctive Relief and trial on the merits will resume on Wednesday, August 7, 2013 at 8:00 a.m., in Courtroom 2. (Court Reporter C. Smith-Neely.) (Main Document 76 replaced on 8/29/2013) (PJH). (PJH). Modified on 8/29/2013 to edit text (PJH). Modified on 8/29/2013 to edit text (JDL). (Entered: 08/28/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
77

Minute Entry for proceedings held before Chief Judge Brian A. Jackson on 8/7/2013: Evidentiary hearing on Plaintiffs Motion for Injunctive Relief and trial on the merits continues in this matter from August 6, 2013. James M. LeBlanc, Secretary of the Louisiana Department of Public Safety and Corrections, is sworn and testifies on behalf of the Defendants. Angie Norwood, having been previously sworn, testifies on behalf of Defendants. Dr. Hal David Macmurdo is sworn and testifies on behalf of Defendants. Exhibits filed. Defts rest. Proffer read in the record by Counsel for the Plaintiffs. Pltfs rest in rebuttal. The Court admits all expert reports into evidence. Counsel presents closing arguments to the Court. Counsel shall file Supplemental and Proposed Findings Of Fact and Conclusions Of Law, limited to 5 pages in length, by August 16, 2013 at 5:00 p.m. The Court defers its ruling on Plaintiffs Application For Preliminary Injunction at this time. For reasons stated herein, the Court denies Plaintiffs Motion to Enjoin Defendants and Their Staff From Retaliation Against Plaintiffs In Any Manner For Filing This Complaint.(Court Reporter C. Smith-Neely.) (PJH) (Entered: 08/30/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
69

Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Conference set for 8/9/2013 at 11:00 AM (CST) before Chief Judge Brian A. Jackson. The Court will initiate the call to counsel.(PJH) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
80

Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Telephone Conference held on 8/9/2013. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) Modified on 9/17/2013 to add text (JDL). (Entered: 09/16/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
70

Joint STIPULATION Regarding Tier Measurements by Burl Cain, James M. LeBlanc, Louisiana Department of Public Safety and Corrections, Angie Norwood. (Wilson, Jacqueline) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates alleging injury due to extreme heat during summer months.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Department of Public Safety and Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Preliminary relief granted

Recordkeeping

Reporting

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run