Case: Cooper v. Kliebert

3:14-cv-00507 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 14, 2014

Case Ongoing

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Case Summary

On August 14, 2014, a number of prisoners in Louisiana state prisons filed this class action in the U.S. District Court for the Middle District of Louisiana under 42 U.S.C. § 1983 against the Louisiana Department of Health and Hospitals. The plaintiffs, represented by public interest attorneys, asked the court for declaratory and injunctive relief, claiming that, despite being found not guilty by reason of insanity of criminal offenses, they were still being incarcerated in Louisiana prisons. The named plaintiffs claimed that their continued imprisonment violated their Fourteenth Amendment rights under the Due Process Clause, the Americans with Disabilities Act (“ADA”), and Section 504 of the Rehabilitation Act (“Section 504”).

The named plaintiffs were all found not guilty by reason of insanity during their criminal trials, and they were all committed by the courts to the Eastern Louisiana Mental Health System (“ELMHS”), which ran a state mental health facility. Nevertheless, at the time of the complaint, all named plaintiffs still remained incarcerated in state prisons, despite the fact that no other criminal charges had been filed against them. The plaintiffs claimed that by continuing to incarcerate them, the state discriminated against them on the basis of their mental illness and denied them appropriate mental health services.

After the plaintiffs filed an amended class-action complaint, the Judge Shelly Dick granted in part and denied in part the defendants’ motion to dismiss. 2014 WL 7334911. Judge Dick dismissed the plaintiffs’ Fourteenth Amendment claims, which sought monetary damages against the Louisiana Department of Health and Human Services on sovereign immunity grounds. Judge Dick, however, denied the defendants’ motion as to all other respects.

The court denied the plaintiffs’ motion for class certification on December 22, 2014, finding that numerosity was not satisfied because the putative class consisted of only thirty-six individuals. 2014 WL 7338846. The plaintiffs then filed a second amended complaint on January 26, 2015, and a third amended complaint on May 13, 2015. Discovery and litigation continued, and on February 3, 2016, this case was consolidated with Advocacy Center v. Kliebert (Docket No. 3:15-cv-00751). 2016 WL 3660497.

After several months of settlement discussions, on July 18, 2016, the court dismissed the case without prejudice to the right to reopen it within sixty days if the parties did not settle. On September 2, 2016, the parties reported that they had reached a settlement, moving jointly to reopen the case for the purpose of entering that agreement as a court order. The court granted the motion and approved the settlement on November 16, 2016.

The terms of the settlement agreement applied to “All individuals who, after having been found Not Guilty by Reason of Insanity or Incompetent to Stand Trial are remanded by a court to a mental health facility for treatment.” The settlement required the defendants to maintain a record of all such persons, conduct prompt behavioral health assessments after the court orders commitment or inpatient treatment, admit such persons currently on a waitlist to a mental health facility or appropriate program, create a procedure for expedited admission of such persons to the appropriate facilities in the event of an emergency need, maintain pre- and post-admissions procedures for ensuring appropriate placement of such persons, work to develop less constricting and new placement options, and report back to the plaintiffs on a monthly basis. The settlement agreement also awarded the plaintiffs attorneys’ fees and costs in the amount of $466,000 and possible future fees related to the execution of this settlement agreement. The agreement was set to terminate after four continuous years of the defendants’ substantial compliance with its terms.

On November 16, 2020, the plaintiffs filed a motion for continued reporting and jurisdiction over the settlement agreement and notice of negotiations related to a supplemental agreement. The plaintiffs argued that the defendants had been unable to maintain substantial compliance with the settlement agreement for four continuous years due to the COVID-19 pandemic. The court granted the plaintiffs’ motion on December 3, 2020.

On February 22, 2021, the plaintiffs circulated a proposed draft of a supplement to the settlement agreement, which outlined specific actions to assist the defendants in returning to compliance with the settlement agreement and the development of supporting documentation. The parties then negotiated the terms of this proposed supplement, but the plaintiffs asserted that the defendants’ counter proposal made clear that they had no interest in negotiating a supplemental settlement agreement in good faith.

The plaintiffs, therefore, filed a motion to reopen discovery and to show cause why the defendants should not be held in contempt on June 12, 2021. In opposition, the defendants argued that they should not be held in contempt because of unforeseeable and unprecedented issues caused by the COVID-19 pandemic, and because they had been in substantial compliance for 3.5 years until the Center for Disease Control and Prevention changed its guidelines for congregate settings, as well as local quarantine protocols. On September 27, 2021, the court granted in part and denied in part the plaintiffs’ motion. 2021 WL 4429458. The court granted limited discovery on the purported non-compliance with Paragraphs 6, 8, 9, 15 of the settlement agreement and the reasons for such non-compliance. All post-judgment discovery was ordered to be completed by December 1, 2021. The court held that it would not reach the issue of whether the defendants should be held in contempt.

On April 26, 2023, the parties filed a joint motion for entry of a supplemental stipulated order, which the court granted on May 2, 2023. The court ruled that the supplemental stipulated order should supplement the settlement agreement, and that the settlement would remain in full force and effect until the defendants maintained substantial compliance with the supplemental stipulated order for a period of two years. Some terms of the supplemental stipulated order included that the defendants would need to demonstrate for three consecutive months that it met the following goals:

No incompetent individuals or not guilty by reason of insanity clients had waited longer than thirty days for transfer to ELMHS,
90% of incompetent individuals or persons deemed not guilty by reason of insanity were admitted to ELMHS within two business days or fifteen calendar days, and
90% of Behavioral Health Assessments of incompetent individuals and persons deemed not guilty by reason of insanity occur within five (calendar days of receipt of an order for inpatient treatment or commitment.

Section X of the supplemental stipulated order provides that within 30 days of entry of the Supplemental Stipulated Order, the plaintiffs’ counsel was to provide the defendants’ counsel with an itemized accounting of attorneys’ fees and costs incurred in connection with obtaining the defendants’ compliance with the settlement. The plaintiffs’ counsel provided their itemized accounting on May 31, 2023, requesting recovery of $278,479 in fees and costs. The defendants did not object to any of the items in the plaintiffs’ counsel’s accounting. More than six months after the plaintiffs’ counsel submitted their request for payment, the defendants had neither paid the amount due nor identified a specific time when payment would be made. On January 2, 2024, the plaintiffs filed a motion for entry of a judgment enforcing the fee provision of the supplemental stipulated order. This case remains ongoing.

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Summary Authors

Andrew Junker (10/2/2014)

Virginia Weeks (1/17/2017)

Alex Moody (12/28/2020)

Tallulah Wick (2/17/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510906/parties/cooper-v-kliebert/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Aden, Steven H. (Louisiana)

Aguillard, Erica Schirling (Louisiana)

Airs, Krystal Lynnette (Louisiana)

Alexander, Celia M. (Louisiana)

Animashaun, Babatunde Mobolade (Louisiana)

Expert/Monitor/Master/Other

Judge(s)

Bourgeois, Richard L. (Louisiana)

Dick, Shelly Deckert (Louisiana)

Attorney for Plaintiff

Chuang, Evelyn Hsiao-Farn (Louisiana)

Cumming, Elizabeth C. (Louisiana)

Fernandez, Kathryn (Louisiana)

Foley, Eric Andrew (Louisiana)

Hahn, Neil (Louisiana)

Hahn, Ellen (Louisiana)

Jenkins, Clay Lewis (Louisiana)

Lospennato, Ronald (New Hampshire)

Otero, Concepcion (Louisiana)

Otero, Concepcion [Koki] (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Stratton, Laura Thornton (Kansas)

Tait, Miranda (Louisiana)

Thornton, Laura Lee (Louisiana)

Wolf, Robert Alan (Louisiana)

Attorney for Defendant

Aden, Steven H. (Louisiana)

Aguillard, Erica Schirling (Louisiana)

Airs, Krystal Lynnette (Louisiana)

Alexander, Celia M. (Louisiana)

Animashaun, Babatunde Mobolade (Louisiana)

Babineaux, Brandon (Louisiana)

Bergeron, Charlotte Y. (Louisiana)

Bordelon, Adrienne T. (Louisiana)

Borghardt, Stephanie (Louisiana)

Bowman, Katia Desrouleaux (Louisiana)

Cade, Douglas L. (Louisiana)

Clement, Rebecca Claire (Louisiana)

Cody, Jeffrey K. (Louisiana)

Decker, Natalie (Louisiana)

DeLaSalle, Rebecca (Louisiana)

Dirks, Charles Leopold (Louisiana)

Duncan, Stuart Kyle (Louisiana)

Duncan, S. Kyle (Louisiana)

Eaton, Fernin F. (Louisiana)

Elliott, Neal Risley Jr. (Louisiana)

Evans, James Garrison (Louisiana)

Everett, Elizabeth (North Carolina)

Faircloth, Jimmy Roy (Louisiana)

Glazer, Phyllis Esther (Louisiana)

Henig, Joanne (Louisiana)

Hilburn, James L (Louisiana)

Hillburn, James L. (Louisiana)

Humbles, Kimberly L. (Louisiana)

John, Joseph Scott (Louisiana)

Johnson, J. Michael (Louisiana)

Jones, Carey T. (Louisiana)

Keller, Michael Courtney (Louisiana)

Lambert, Amy Collier (Louisiana)

McCay, David L. (Louisiana)

Murrill, Elizabeth Baker (Louisiana)

Pantaleo, Lindsay L. (Louisiana)

Philips, Harry Joseph (Louisiana)

Romero, Ryan Jude (Louisiana)

Russo, Stephen Robert (Louisiana)

Sanders, David Glen (Louisiana)

Sullivan, Kimberly Lacour (Louisiana)

Villa, Brook L. (Louisiana)

Young, Jenna Germany (Louisiana)

Expert/Monitor/Master/Other

Kirsch, Kyle P. (Louisiana)

Luke, Benjamin Ascher (Louisiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:14-cv-00507 3:15-cv-00751	Docket [PACER]	Dec. 22, 2020	Dec. 22, 2020 Docket
1 3:14-cv-00507	Class Action Complaint U.S. District Court for the Eastern District of Louisiana	Aug. 14, 2014	Aug. 14, 2014 Complaint
43 3:14-cv-00507	Ruling on Motion to Dismiss	Dec. 19, 2014	Dec. 19, 2014 Order/Opinion 2014 WL 2014
44 3:14-cv-00507	Ruling on Motion for Class Certification Cooper v. Kleibert	Dec. 22, 2014	Dec. 22, 2014 Order/Opinion 2014 WL 2014
65 3:14-cv-00507	Plaintiff's Third Amended Class Action Complaint Cooper v. Kleibert	May 13, 2015	May 13, 2015 Complaint
200 3:14-cv-00507	Settlement Agreement Advocacy Center v. Gee	Nov. 16, 2016	Nov. 16, 2016 Settlement Agreement
208-1 3:14-cv-00507	Memorandum in Support of Unopposed Motion for Continued Reporting and Jurisdiction Over the Settlement Agreement and Notice of Negotiations Related to a Supplemental Agreement Cooper v. Phillips	Nov. 16, 2020	Nov. 16, 2020 Pleading / Motion / Brief
210 3:14-cv-00507	Order Cooper v. Phillips	Dec. 3, 2020	Dec. 3, 2020 Order/Opinion
226 3:14-cv-00507	Order Cooper v. Phillips	Sept. 27, 2021	Sept. 27, 2021 Order/Opinion 2021 WL 2021

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510906/cooper-v-kliebert/

Last updated May 6, 2024, 3:21 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals ( Filing fee $ 400 receipt number 053N-1113530.), filed by William Pitzer, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Attachment Summons-Kliebert, # 3 Attachment Summons-DHH)(Lospennato, Ronald) (Attachment 1 replaced on 8/14/2014 to correct document orientation) (JDL). (Entered: 08/14/2014)	Aug. 14, 2014	Aug. 14, 2014 Clearinghouse
2	MOTION for Class Certification by Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Schartzmann, # 3 Affidavit Lospennato)(Lospennato, Ronald) Modified on 8/14/2014 to edit text (JDL). (Entered: 08/14/2014)	Aug. 14, 2014	Aug. 14, 2014 PACER
3	Summons Issued as to Kathy Kliebert, Louisiana Department of Health and Hospitals. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JDL) (Entered: 08/14/2014)	Aug. 14, 2014	Aug. 14, 2014 PACER
4	Unopposed MOTION for Extension of Time Responsive documents by All Defendants. (Attachments: # 1 Attachment Proposed Order)(Borghardt, Stephanie) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
5	ORDER granting 4 Ex Parte Motion for Extension of Time to File Responsive Pleadings Pursuant to LR 7.6. Defendants Kathy Kliebert and Louisiana Department of Health and Hospitals responsive pleadings due by 9/26/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 9/2/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/02/2014)	Sept. 2, 2014	Sept. 2, 2014 PACER
6	MOTION to Enroll Nell Hahn as Additional Attorney by All Plaintiffs. (Lospennato, Ronald) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER
7	ORDER granting 6 Plaintiffs' Motion to Add Counsel. Added attorney Nell Hahn for Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt and Stephen Zeringue. Signed by Magistrate Judge Stephen C. Riedlinger on 9/10/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER
8	MOTION to Dismiss Plaintiffs' Class Action Complaint by All Defendants. (Attachments: # 1 Memorandum in Support)(DeLaSalle, Rebecca) Modified to edit text on 9/29/2014 (SMG). (Entered: 09/26/2014) 1 Memorandum in Support View on RECAP	Sept. 26, 2014	Sept. 26, 2014 RECAP
9	MEMORANDUM in Opposition to 2 MOTION for Class Certification filed by All Defendants. (Borghardt, Stephanie) (Entered: 09/26/2014)	Sept. 26, 2014	Sept. 26, 2014 PACER
10	90-DAY CONFERENCE ORDER: Scheduling Conference set for 12/4/2014 at 9:00 AM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 11/20/2014. Signed by Magistrate Judge Stephen C. Riedlinger on 10/1/14. (BNW) (Entered: 10/01/2014)	Oct. 1, 2014	Oct. 1, 2014 PACER
11	MOTION to Enroll Beth P. Everett as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Pantaleo, Lindsay) (Entered: 10/08/2014)	Oct. 8, 2014	Oct. 8, 2014 PACER
12	ORDER granting 11 Motion to Add Counsel of Record. Added attorney Elizabeth P. Everett for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 10/8/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/08/2014)	Oct. 8, 2014	Oct. 8, 2014 PACER
13	MOTION to Enroll James Hilburn as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading; Order)(Pantaleo, Lindsay) (Entered: 10/09/2014)	Oct. 9, 2014	Oct. 9, 2014 PACER
14	ORDER granting 13 Motion to Add Counsel of Record. Added attorney James L. Hilburn for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 10/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 10/09/2014)	Oct. 9, 2014	Oct. 9, 2014 PACER
15	Ex Parte MOTION to Extend Time to Respond to Motion to Dismiss and Opposition to Motion for Class Certification by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Lospennato, Ronald) Modified to edit text on 10/20/2014 (SMG). Modified on 10/29/2014 to edit event(LLH). (Entered: 10/17/2014)	Oct. 17, 2014	Oct. 17, 2014 PACER
16	ORDER granting 15 Motion for Extension of Time to File Response to 8 MOTION to Dismiss Plaintiffs' Class Action Complaint and 2 MOTION for Class Certification. Plaintiffs have until 11/7/2014 to file responsive pleadings. Signed by Judge Shelly D. Dick on 10/29/2014. (LLH) (Entered: 10/29/2014)	Oct. 29, 2014	Oct. 29, 2014 PACER
17	MOTION for Leave to Intervene Party Plaintiff and Amend the Class Action Complaint by Tyrin Perkins. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order, # 3 Proposed Pleading;)(Lospennato, Ronald) Modified to edit text twice on 11/5/2014 (SMG). Added MOTION to Amend the Class Action Complaint on 11/5/2014 (SMG). (Entered: 11/04/2014)	Nov. 4, 2014	Nov. 4, 2014 PACER
18	NOTICE of Hearing on Motion 2 MOTION for Class Certification :(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Evidentiary Hearing set for 12/9/2014 at 09:30 AM in Courtroom 3 before Judge Shelly D. Dick. (DCB) (Entered: 11/05/2014)	Nov. 5, 2014	Nov. 5, 2014 PACER
19	MOTION for Leave to File Reply to Opposition to Motion for Class Certification by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order On Motion for Leave, # 2 Proposed Pleading; Reply to Defendants' Opposition to Class Certification)(Lospennato, Ronald) (Entered: 11/06/2014)	Nov. 6, 2014	Nov. 6, 2014 PACER
20	RESPONSE in Opposition to 8 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/07/2014)	Nov. 7, 2014	Nov. 7, 2014 PACER
21	ORDER granting 19 MOTION for Leave to File Reply to Opposition to Motion for Class Certification into the record filed by Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, Louis Davenport. Signed by Judge Shelly D. Dick on 11/10/2014. (LLH) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
22	REPLY to 9 Memorandum in Opposition to 2 MOTION for Class Certification filed by Brandon Cooper, Louis Davenport, Ron Gatlin, William Pitzer, Kenny Swatt, Stephen Zeringue. (LLH) (Entered: 11/10/2014)	Nov. 10, 2014	Nov. 10, 2014 PACER
23	STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
24	SCHEDULING ORDER: Considering the information in the status report, the following scheduling order is issued pursuant to FRCP 16. Amended Pleadings due by 12/30/2014. F.R.C.P. 26(a)(1) disclosures due by 12/5/2014. Discovery due by 6/1/2015. Plaintiff`s Expert Witness List due by 3/2/2015. Defendant`s Expert Witness List due by 4/1/2015. Plaintiff`s Expert Reports due by 7/31/2015. Defendant`s Expert Reports due by 8/31/2015. Discovery from Experts due by 10/15/2015. Dispositive and Dauber motions shall be filed by 11/30/2015. FURTHER ORDERED that the scheduling conference set for 12/4/2014 is canceled. Signed by Magistrate Judge Stephen C. Riedlinger on 11/20/2014. (JDL) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
25	STATUS REPORT by All Plaintiffs. (Lospennato, Ronald) (Entered: 11/25/2014)	Nov. 25, 2014	Nov. 25, 2014 PACER
26	Notice to Counsel: Plaintiff's Motion for Class Certification references exhibits that are not attached to the pleading. Counsel have until the close of business on 12/1/14 to file those exhibits in the record. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 12/01/2014)	Dec. 1, 2014	Dec. 1, 2014 PACER
27	List of Exhibits in Support of 2 MOTION for Class Certification, by All Plaintiffs. filed by All Plaintiffs. (Lospennato, Ronald) Modified to edit text and rotate pages on 12/1/2014 (BCL). Modified on 12/11/2014 to substitute pages in accordance with record document 40(NLT). (Entered: 12/01/2014)	Dec. 1, 2014	Dec. 1, 2014 PACER
28	ORDER granting 17 Plaintiffs' Motion for Leave to Intervene Party Plaintiff and 17 Amend the Class Action Complaint. No opposition or other response has been filed. Signed by Magistrate Judge Stephen C. Riedlinger on 12/2/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 12/02/2014)	Dec. 2, 2014	Dec. 2, 2014 PACER
29	First AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue.(NLT) (Entered: 12/03/2014)	Dec. 2, 2014	Dec. 2, 2014 PACER
30	MOTION and Memorandum to Continue and to set Status Conference by Kathy Kliebert, Louisiana Department of Health and Hospitals. e(Attachments: # 1 ORDER)(Pantaleo, Lindsay) Modified to edit text on 12/5/2014 (BCL). Added MOTION for Conference on 12/5/2014 (BCL). (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
31	MOTION and Memorandum in support Seeking to Quash Three Subpoenas Issued December 5, 2014 by All Defendants. (Attachments: # 1 Exhibit Exhibit A - Subpoenas)(Borghardt, Stephanie) Modified to edit text on 12/8/2014 (BCL). (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
32	MOTION and Memorandum in Support to Substitute Exhibits by All Plaintiffs. (Attachments: # 1 Exhibit)(Lospennato, Ronald) Modified to edit text on 12/8/2014 (BCL). (Entered: 12/07/2014)	Dec. 7, 2014	Dec. 7, 2014 PACER
33	MOTION to Compel by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Attachment, # 2 Attachment)(Lospennato, Ronald) (Entered: 12/07/2014)	Dec. 7, 2014	Dec. 7, 2014 PACER
34	MEMORANDUM in Opposition to 30 MOTION and Memorandum to Continue and to set Status Conference MOTION for Conference, 33 MOTION to Compel, 31 MOTION to Quash Three Subpoenas filed by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lospennato, Ronald) (Entered: 12/07/2014)	Dec. 7, 2014	Dec. 7, 2014 PACER
35	MOTION to Enroll Kathryn Fernandez as Additional Attorney by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) (Entered: 12/07/2014)	Dec. 7, 2014	Dec. 7, 2014 PACER
36	Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Status Conference set for 12/8/2014 at 02:00 PM before Judge Shelly D. Dick. Counsel for Defendants shall initiate the conference call to chambers.(DCB) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
37	Minute Entry for proceedings held before Judge Shelly D. Dick: Telephone Status Conference held on 12/8/2014. The Motion to Continue and the Motion to Quash are denied. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
38	STIPULATION of FACTS Regarding Named Plaintiffs by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) Modified on 12/9/2014 to edit text (LLH). (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
39	Additional Exhibits to 2 MOTION for Class Certification by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. filed by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Affidavit)(Lospennato, Ronald) (Entered: 12/08/2014)	Dec. 8, 2014	Dec. 8, 2014 PACER
40	ORDER granting 32 Plaintiff's Motion to Amend Exhibit List for Class Certification hearing. Signed by Judge Shelly D. Dick on 12/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
41	ORDER finding as moot 33 Motion to Compel filed by Plaintiffs. Signed by Judge Shelly D. Dick on 12/9/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
42	Minute Entry for proceedings held before Judge Shelly D. Dick: Oral Argument held on 12/9/2014 re 2 MOTION for Class Certification filed by Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, Louis Davenport and the Court will take the matter under advisement. (Court Reporter Judy Francisco.) (DCB) (Entered: 12/10/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
43	RULING granting in part and denying in part 8 Motion to Dismiss Plaintiffs' Class Action Complaint brought pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Signed by Judge Shelly D. Dick on 12/19/2014. (NLT) (Entered: 12/19/2014)	Dec. 19, 2014	Dec. 19, 2014 Clearinghouse
44	RULING denying 2 Motion for Class Certification. Signed by Judge Shelly D. Dick on 12/22/2014. (LLH) (Entered: 12/22/2014)	Dec. 22, 2014	Dec. 22, 2014 Clearinghouse
45	MOTION for Leave to File Second Amended Complaint by Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Proposed Pleading;, # 2 Memorandum in Support, # 3 Attachment)(Lospennato, Ronald) Modified on 1/5/2015 to edit text (LLH). (Entered: 12/30/2014)	Dec. 30, 2014	Dec. 30, 2014 PACER
46	MOTION for Beth P. Everett to Withdraw as Attorney by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Everett, Elizabeth) (Entered: 01/15/2015)	Jan. 15, 2015	Jan. 15, 2015 PACER
47	ORDER granting 46 Motion to Withdraw as Counsel of Record. Attorney Beth P. Everett is withdrawn as attorney for Kathy Kliebert, Secretary of the Louisiana Department of Health and Hospitals, and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 1/15/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/15/2015)	Jan. 15, 2015	Jan. 15, 2015 PACER
48	ORDER granting 45 MOTION for Leave to File Second Amended Complaint filed by Tyrin Perkins, Brandon Cooper, Stephen Zeringue, Ron Gatlin, Kenny Swatt, William Pitzer, and Louis Davenport. No opposition has been filed. Signed by Magistrate Judge Stephen C. Riedlinger on 1/26/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 01/26/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
49	Second AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals, filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Louis Davenport, Brandon Cooper, Kenny Swatt, Stephen Zeringue, Advocacy Center.(NLT) (Entered: 01/27/2015)	Jan. 26, 2015	Jan. 26, 2015 PACER
50	Notice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) Status Conference set for 3/18/2015 at 02:30 PM in chambers before Judge Shelly D. Dick. (DCB) (Entered: 02/04/2015)	Feb. 4, 2015	Feb. 4, 2015 PACER
51	MOTION to Dismiss Second Amended Class Action Complaint by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Attachments: # 1 Memorandum in Support)(Pantaleo, Lindsay) (Entered: 02/09/2015)	Feb. 9, 2015	Feb. 9, 2015 PACER
52	NOTICE of Briefing Schedule on 51 MOTION to Dismiss Second Amended Class Action Complaint : Opposition to the motion shall be filed within 21 days from the filing of the motion. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB) (Entered: 02/11/2015)	Feb. 11, 2015	Feb. 11, 2015 PACER
53	MEMORANDUM in Opposition to 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Advocacy Center, Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Lospennato, Ronald) (Entered: 02/27/2015)	Feb. 27, 2015	Feb. 27, 2015 PACER
54	REPLY to 53 Memorandum in Opposition to 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Kathy Kliebert, Louisiana Department of Health and Hospitals. (Pantaleo, Lindsay) Modified to edit text on 3/13/2015 (BCL). (Entered: 03/13/2015)	March 13, 2015	March 13, 2015 PACER
55	Minute Entry for proceedings held before Judge Shelly D. Dick: Status Conference held on 3/18/2015. The status of the parties' ability to identify new potential plaintiffs was discussed. Additionally, the parties indicated that a settlement conference may be useful in a resolution of this matter. The Court advised the parties to contact Magistrate Judge Riedlinger to check his availability. In the event Magistrate Judge Riedlinger could not accommodate the parties' request, the Court instructed the parties to contact chambers about utilizing a magistrate judge from the Western District. The Court denied the 51 MOTION to Dismiss Second Amended Class Action Complaint filed by Kathy Kliebert, Louisiana Department of Health and Hospitals. (DCB) (Entered: 03/18/2015)	March 18, 2015	March 18, 2015 PACER
56	NOTICE TO COUNSEL: Telephone Status Conference set for 4/1/2015 at 2:00 PM before Magistrate Judge Stephen C. Riedlinger. The court will place the calls. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BNW) (Entered: 03/27/2015)	March 27, 2015	March 27, 2015 PACER
57	NOTICE TO COUNSEL: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)Telephone Conference set for 4/1/2015 at 1:30 PM before Magistrate Judge Stephen C. Riedlinger. This is a TIME CHANGE ONLY. (BNW) (Entered: 03/27/2015)	March 27, 2015	March 27, 2015 PACER
58	MOTION to Enroll as Additional Counsel of Record by All Defendants. (Attachments: # 1 Proposed Pleading; Proposed Order)(Hilburn, James) Modified to edit text on 3/30/2015 (BCL). (Entered: 03/27/2015)	March 27, 2015	March 27, 2015 PACER
59	ORDER granting 58 Motion to Enroll as Additional Counsel of Record. Added attorney Jeffrey K. Cody for Kathy Kliebert and the Louisiana Department of Health and Hospitals. Signed by Magistrate Judge Stephen C. Riedlinger on 3/27/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 03/27/2015)	March 27, 2015	March 27, 2015 PACER
60	ANSWER to 49 Amended Complaint by Kathy Kliebert, Louisiana Department of Health and Hospitals.(Young, Jenna) (Entered: 04/01/2015)	April 1, 2015	April 1, 2015 PACER
61	Minute Entry/Status Conference Report for proceedings held before Magistrate Judge Stephen C. Riedlinger: Telephone Status Conference held on 4/1/2015. The court agreed to hold August 3 or 5, 2015 open for a settlement conference, by which time fact discovery should be completed. The Scheduling Order deadlines remain in effect. Counsel will contact the court if a status conference isneeded. (SMG) (Entered: 04/02/2015)	April 1, 2015	April 1, 2015 PACER
62	Notice Setting Trial and Related Deadlines: Bench Trial set for 8/1/2016 at 09:00 AM in Courtroom 3 before Judge Shelly D. Dick. Affidavit of Settlement Efforts due by 6/20/2016. Pretrial Conference set for 7/19/2016 at 02:00 PM in chambers before Judge Shelly D. Dick. All other trial deadlines set as stated herein.(DCB) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
63	MOTION to Amend 49 Amended Complaint, MOTION to Intervene by Advocacy Center, Brandon Cooper, Louis Davenport, Ron Gatlin, Tyrin Perkins, William Pitzer, Kenny Swatt, Stephen Zeringue. (Attachments: # 1 Proposed Pleading; Third Amended Complaint, # 2 Attachment Proposed Order)(Lospennato, Ronald) (Entered: 05/13/2015)	May 13, 2015	May 13, 2015 PACER
64	ORDER granting 63 Plaintiffs' Motion for Leave to Intervene Party Plaintiffs and Amend the Class Action Complaint. Although the Plaintiff's Third Amended Class Action Complaint retains class allegations, granting the motion is consistent with the district judge's 55 denial of the defendants' 51 Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint, and the defendants do not oppose the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 5/13/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen) (Entered: 05/13/2015)	May 13, 2015	May 13, 2015 PACER
65	Third AMENDED Class Action COMPLAINT against Kathy Kliebert, Louisiana Department of Health and Hospitals filed by William Pitzer, Tyrin Perkins, Ron Gatlin, Francis Mary Watson, Scott Frye, Ryan Kasami, Louis Davenport, Kenny Swatt, Brandon Cooper, Stephen Zeringue, Dominick Pernicaro, III.(NLT) (Entered: 05/14/2015)	May 13, 2015	May 13, 2015 Clearinghouse
66	CONSENT MOTION for Modification of Scheduling Order by Advocacy Center, Brandon Cooper, Louis Davenport, Scott Frye, Ron Gatlin, Ryan Kasami, Tyrin Perkins, Dominick Pernicaro, III, William Pitzer, Kenny Swatt, Francis Mary Watson, Stephen Zeringue. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit)(Lospennato, Ronald) Modified on 5/20/2015 to edit text (LLH). (Entered: 05/19/2015)	May 19, 2015	May 19, 2015 PACER
67	AMENDED SCHEDULING ORDER granting 66 Motion for Modification of Scheduling Order. Discovery due by 8/1/2015. Plaintiff`s Expert Reports due by 9/30/2015. Defendant`s Expert Reports due by 10/31/2015. Discovery from Experts due by 12/15/2015. Motions shall be filed by 1/30/2016. Signed by Magistrate Judge Stephen C. Riedlinger on 5/20/2015. (LLH) (Entered: 05/20/2015)	May 20, 2015	May 20, 2015 PACER
68	RETURN OF SERVICE of subpoena(s) executed upon Jefferson Parish Correctional Center on 5-28-15 by Certified Mail (Hilburn, James) (Entered: 06/03/2015)	June 3, 2015	June 3, 2015 PACER
69	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Bernard, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
70	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Iberia, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
71	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Plaquemines, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
72	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth Lafourche, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
73	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Mary, LLC on 06/03/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
74	RETURN OF SERVICE of subpoena(s) executed upon East Baton Rouge Parish Prison on 06/05/15 by Certified Mail (Hilburn, James) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
75	RETURN OF SERVICE of subpoena(s) executed upon Correcthealth St. Mary, LLC on 5/29/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
76	RETURN OF SERVICE of subpoena(s) executed upon Jean Llovet, Medical Director of Correcthealth Jefferson, LLC on 5/29/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
77	RETURN OF SERVICE of subpoena(s) executed upon Lisa Burns, LCSW at East Baton Rouge Parish Prison on 6/2/2015 by Personal Service (Fernandez, Kathryn) (Main Document 77 replaced on 6/9/2015) (ELW). Modified on 6/9/2015 to change page orientation (ELW). (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
78	RETURN OF SERVICE of subpoena(s) executed upon Cindy Lachney on 5/19/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
79	RETURN OF SERVICE of subpoena(s) executed upon Dr. Richard W. Richoux on 5/19/2015 by Personal Service (Fernandez, Kathryn) (Entered: 06/08/2015)	June 8, 2015	June 8, 2015 PACER
80	RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process of Correcthealth Jefferson, LLC on 5/18/2015 by Personal Service (Attachments: # 1 Attachment Notice of of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/9/2015 (BCL). (Entered: 06/09/2015)	June 9, 2015	June 9, 2015 PACER
81	RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Iberia, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)	June 9, 2015	June 9, 2015 PACER
82	RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Lafourche, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)	June 9, 2015	June 9, 2015 PACER
83	RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth Plaquemines, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)	June 9, 2015	June 9, 2015 PACER
84	RETURN OF SERVICE of subpoena(s) executed upon Kyle Kirsch, Registered Agent for Service of Process for Correcthealth St. Bernard, LLC on 5/29/2015 by Personal Service (Attachments: # 1 Attachment Notice of Rule 30(b)(6) Corporate Deposition)(Fernandez, Kathryn) Modified to rotate pages on 6/10/2015 (BCL). (Entered: 06/09/2015)	June 9, 2015	June 9, 2015 PACER
85	RETURN OF SERVICE of subpoena(s) executed upon Brad Calvit, legal counsel for Sheriff William Earl Hilton on 6/18/2015 by Personal Service (Attachments: # 1 Exhibit Exhibit A listing documents to be produced)(Fernandez, Kathryn) (Entered: 06/19/2015)	June 19, 2015	June 19, 2015 PACER
86	Consent MOTION for Partial Voluntary Dismissal Without Prejudice by Francis Mary Watson. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading;)(Fernandez, Kathryn) Modified on 6/22/2015 to edit text (LLH). (Entered: 06/19/2015)	June 19, 2015	June 19, 2015 PACER
87	RETURN OF SERVICE of subpoena(s) executed upon Beauregard Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
88	RETURN OF SERVICE of subpoena(s) executed upon Bienville Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
89	RETURN OF SERVICE of subpoena(s) executed upon Bossier Parish Sheriff's Office on 06/15/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
90	RETURN OF SERVICE of subpoena(s) executed upon East Baton Rouge Parish Prison, Prison Medical Services on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
91	RETURN OF SERVICE of subpoena(s) executed upon East Feliciana Parish Sheriff's Office on 06/18/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
92	RETURN OF SERVICE of subpoena(s) executed upon Madison Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
93	RETURN OF SERVICE of subpoena(s) executed upon Morehouse Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
94	RETURN OF SERVICE of subpoena(s) executed upon Ouachita Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
95	RETURN OF SERVICE of subpoena(s) executed upon Richland Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
96	RETURN OF SERVICE of subpoena(s) executed upon St. John Parish Sheriff's Office on 06/11/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
97	RETURN OF SERVICE of subpoena(s) executed upon West Feliciana Parish Sheriff's Office on 06/15/2015 by Certified Mail (Shows, Edmond) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
98	RETURN OF SERVICE of subpoena(s) executed upon Beauregard Parish Sheriff's Office on 06/11/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
99	RETURN OF SERVICE of subpoena(s) executed upon Bienville Parish Sheriff's Office on 06/11/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER
100	RETURN OF SERVICE of subpoena(s) executed upon East Feliciana Parish Sheriff's Office on 06/18/2015 by Certified Mail (Cody, Jeffrey) (Entered: 06/22/2015)	June 22, 2015	June 22, 2015 PACER

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Case Details

State / Territory: Louisiana

Case Type(s):

Mental Health (Facility)

Disability Rights

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who have been diagnosed with mental illness and found Not Guilty by Reason of Insanity of a criminal offense but, despite that finding, continue to be incarcerated in correctional facilities in Louisiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Louisiana Dept. of Health and Hospitals (Baton Rouge), State

Defendant Type(s):

Jurisdiction-wide