Case: Levy v. Louisiana Department of Public Safety and Corrections

3:16-cv-00542 | U.S. District Court for the Middle District of Louisiana

Filed Date: Aug. 16, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 16, 2016, probationers and parolees who were deaf or had hearing impairments and who were under the control and supervision of the Louisiana Department of Public Safety and Corrections ("LDPSC") brought this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the LDPSC and its Secretary under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleging that the defendants failed to provide the…

On August 16, 2016, probationers and parolees who were deaf or had hearing impairments and who were under the control and supervision of the Louisiana Department of Public Safety and Corrections ("LDPSC") brought this class action lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued the LDPSC and its Secretary under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleging that the defendants failed to provide the auxiliary aids and services the plaintiffs needed. They alleged that the defendants, by denying them access to auxiliary aids, denied the plaintiffs an equal opportunity to successfully complete their probation and parole and to effectively participate in post-release rehabilitative programs, which in turn could (and for at least one plaintiff did) result in a finding that they had violated their probation or parole.

Represented by attorneys from the Advocacy Center, the Washington Lawyers' Committee for Civil Rights and Urban Affairs, and Proskauer Rose, the plaintiffs sought injunctive and declaratory relief, as well as attorneys' fees, court costs, expert costs, and litigation expenses. They also sought class certification.

The background of the case was that Louisiana had entered a 2008 Resolution Agreement with the U.S. Department of Justice, which established procedures to provide auxiliary aids and services to deaf or hard-of-hearing prisoners under the control and supervision of the LDPSC. However, the resolution did not address probationers and parolees, like the plaintiffs in this matter. This is problematic because while on probation and or parole, individuals must comply with certain terms and conditions imposed on them, or be subject to punishment, including an extension of their probation or parole, or incarceration. The plaintiffs alleged here that they were unable to comply with all the terms and conditions of their probation and or parole, or to participate meaningfully in the defendants' programs because the defendants had not ensured effective communication with the plaintiffs by providing the requisite auxiliary aids and services.

On July 21, 2017, the parties stipulated to an agreement that any resulting final judgment of the court would apply to "affected individuals" identifiable as of the date of the judgment. The parties stated the agreement was meant to replace litigating class certification, and they acknowledged that those considered to be "affected individuals" could change over the course of the litigation.

On April 4, 2018, the plaintiffs moved for summary judgment. Oral argument on this motion was held on January 31, 2019. In an order issued on March 4, 2019, Judge deGravelles denied summary judgment. He noted that the defendants had "identified a number of facts" that suggested they acted lawfully, including the provision of interpreters at some meetings and instances in which plaintiffs refused offers of interpreters.

The parties attended a settlement conference in chambers before Magistrate Judge Erin Wilder-Doomes on March 27, 2019. This conference resulted in an agreement, and the case was dismissed on April 1. The settlement included requirements that the defendants amend their policies and practices surrounding five main issues: 1) intake and assessment of affected individuals; 2) provision of qualified interpreters; 3) records retention; 4) training and; 5) grievance procedures. Defendants also agreed to pay $425,000 in attorneys' fees.

As of April 17, 2020, there has been no further action in the docket, but the court retains jurisdiction to enforce the terms of the settlement.

Summary Authors

Saeeda Joseph-Charles (12/2/2016)

Virginia Weeks (3/15/2018)

Alex Moody (4/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6154974/parties/levy-v-louisiana-department-of-public-safety-and-corrections/


Judge(s)

DeGravelles, John Wheadon (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Alladi, Om (New York)

Chopin, Lindsey Harreld (Louisiana)

Fornaci, Phillip Jerome (District of Columbia)

Gorkin, Russell Todd (New York)

Gulotta, Rachel (Louisiana)

Hahn, Ellen Bentley (Louisiana)

Hirschhorn, Russell L. (New York)

Lospennato, Ronald K (Louisiana)

Judge(s)

DeGravelles, John Wheadon (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Alladi, Om (New York)

Chopin, Lindsey Harreld (Louisiana)

Fornaci, Phillip Jerome (District of Columbia)

Gorkin, Russell Todd (New York)

Gulotta, Rachel (Louisiana)

Hahn, Ellen Bentley (Louisiana)

Hirschhorn, Russell L. (New York)

Lospennato, Ronald K (Louisiana)

Meyers, Susan M. (Louisiana)

Mincberg, Elliot M. (District of Columbia)

Rea, Madeline Chimento (Louisiana)

Shear, Samantha (Louisiana)

Stratton, Laura Thornton (Kansas)

Thornton, Laura Lee (Louisiana)

Attorneys(s) for Defendant

Griffin, Susan Wall (Louisiana)

Vining, Jonathon (Louisiana)

Wilton, Patricia Hill (Louisiana)

Documents in the Clearinghouse

Document

3:16-cv-00542

Docket [PACER]

May 28, 2019

May 28, 2019

Docket
1

3:16-cv-00542

Complaint

Dec. 2, 2016

Dec. 2, 2016

Complaint
39

3:16-cv-00542

Stipulation & Agreement

July 24, 2017

July 24, 2017

Settlement Agreement
55-14

3:16-cv-00542

Exhibit J - Expert Report of Dennis Cokely, Ph.D.

April 4, 2018

April 4, 2018

Monitor/Expert/Receiver Report
93

3:16-cv-00542

Ruling and Order

371 F.Supp.3d 274

March 4, 2019

March 4, 2019

Order/Opinion
102

3:16-cv-00542

Settlement Agreement

May 23, 2019

May 23, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6154974/levy-v-louisiana-department-of-public-safety-and-corrections/

Last updated Aug. 9, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against James LeBlanc, Louisiana Department of Public Safety and Corrections ( Filing fee $ 400 receipt number 053N-1453333.), filed by Lawrence Levy, Bradley Casto, Cedric Hammond. (Attachments: # 1 Civil Cover Sheet)(Rea, Madeline) (Entered: 08/16/2016)

1 Civil Cover Sheet

View on PACER

Aug. 16, 2016

Aug. 16, 2016

Clearinghouse
2

Summons Submitted (Rea, Madeline) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
3

Summons Submitted (Rea, Madeline) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
4

Summons Issued as to James LeBlanc, Louisiana Department of Public Safety and Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 summons)(EDC) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
5

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 10/20/2016 at 02:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/6/2016.. Signed by Magistrate Judge Erin Wilder-Doomes on 08/24/2016. (NLT) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
6

MOTION for Russell Hirschhorn to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1458223) by All Plaintiffs. (Attachments: # 1 Ex. A - Hirschhorn Aff., # 2 Proposed Order)(Rea, Madeline) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER

MOTION(S) REFERRED: 6 MOTION for Russell Hirschhorn to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1458223). This motion is now pending before the USMJ. (ELW)

Aug. 30, 2016

Aug. 30, 2016

PACER

Motions Referred

Aug. 30, 2016

Aug. 30, 2016

PACER
7

ORDER granting 6 Motion for Russell Hirschhorn to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 8/31/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER

Motions Referred

Sept. 20, 2016

Sept. 20, 2016

PACER
8

MOTION and Order for Extension of Time by James LeBlanc, Louisiana Department of Public Safety and Corrections. (Attachments: # 1 Proposed Pleading;)(Griffin, Susan) Modified on 9/20/2016 to edit the text (TNB). (Entered: 09/20/2016)

1 Proposed Pleading;

View on PACER

Sept. 20, 2016

Sept. 20, 2016

PACER

MOTION(S) REFERRED: 8 MOTION for Extension of Time to File Answer to 1 Complaint, . This motion is now pending before the USMJ. (TNB)

Sept. 20, 2016

Sept. 20, 2016

PACER
9

SUMMONS Returned Executed by Lawrence Levy, Bradley Casto, Cedric Hammond. Louisiana Department of Public Safety and Corrections served on 8/25/2016, answer due 9/15/2016. (Rea, Madeline) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
10

SUMMONS Returned Executed by Lawrence Levy, Bradley Casto, Cedric Hammond. James LeBlanc served on 8/25/2016, answer due 9/15/2016. (Rea, Madeline) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
11

ORDER granting 8 Motion and Order for Extension of Time to Answer. James LeBlanc and Louisiana Department of Public Safety and Corrections shall have twenty (20) days from the date of this Order within which to file responsive pleadings in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 9/21/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
12

Joint STATUS REPORT by All Plaintiffs. (Rea, Madeline) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER

Motions Referred

Oct. 11, 2016

Oct. 11, 2016

PACER
13

MOTION to Enroll Patricia H. Wilton as Additional Attorney by All Defendants. (Attachments: # 1 Proposed Pleading;)(Griffin, Susan) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
14

ANSWER and Defenses to 1 Complaint, by James LeBlanc, Louisiana Department of Public Safety and Corrections.(Wilton, Patricia) Modified on 10/11/2016 to edit text. (EDC). (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

RECAP

MOTION(S) REFERRED: 13 MOTION to Enroll Patricia H. Wilton as Additional Attorney . This motion is now pending before the USMJ. (EDC)

Oct. 11, 2016

Oct. 11, 2016

PACER
15

ORDER granting 13 Motion to Enroll as Co-Counsel of Record. Added attorney Patricia Hill Wilton for James LeBlanc,Patricia Hill Wilton for Louisiana Department of Public Safety and Corrections. Signed by Magistrate Judge Erin Wilder-Doomes on 10/12/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
16

Notice to Counsel: The Scheduling Conference set for 10/20/2016 at 02:00 PM is CONVERTED to a Telephone Conference set for 10/20/2016 at 02:00 PM before Magistrate Judge Erin Wilder-Doomes. Plaintiffs' counsel is to initiate the call and contact the court at (225) 389-3584 once all counsel are on the phone. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
17

Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes. Telephone Conference held on 10/20/2016. The court and counsel discussed and agreed on such deadlines. The court will issue a separate limited scheduling order. (ELW) (Entered: 10/21/2016)

Oct. 20, 2016

Oct. 20, 2016

PACER
18

LIMITED SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/31/2017. Discovery due by 5/31/2017. Plaintiff`s Expert Reports due by 12/21/2016. Defendant`s Expert Reports due by 1/27/2017. Discovery from Experts due by 2/28/2017. Motion for Class Certification shall be filed by 3/24/2017. Opposition due by 4/21/2017. Reply due by 5/12/2017. Certification Hearing set for 5/19/2017 at 10:00 AM in Courtroom 5 before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 10/25/2016. (BLR) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

RECAP
19

ORDER Vacating 18 Limited Scheduling Order. A revised limited scheduling order will be issued. Signed by Magistrate Judge Erin Wilder-Doomes on 11/4/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
20

LIMITED SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/31/2017. Plaintiff`s Expert Reports due by 12/21/2016. Defendant`s Expert Reports due by 1/27/2017. Discovery from Experts due by 2/28/2017. Motion for Class Certification shall be filed by 3/24/2017. Opposition due by 4/21/2017. Reply due by 5/12/2017. Signed by Magistrate Judge Erin Wilder-Doomes on 11/8/2016. (BLR) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

RECAP
21

SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 12/9/2016 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 11/28/2016. (EDC) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
22

Notice to Counsel: Due to an unforeseen scheduling conflict, the Settlement Conference set for 12/9/2016 is CANCELLED. Counsel is to contact the chambers at 225-389-3588 as soon as possible to reset settlement conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
23

Notice to Counsel: Settlement Conference has been RESET to 12/12/2016 at 09:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
24

Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Settlement Conference held on 12/12/2016. The parties reached an agreement in principle, which was recited into the record under seal. Counsel will continue efforts to memorialize a written settlement agreement. A Telephone Status Conference set for 1/24/2017 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Counsel for plaintiffs shall initiate the call and contact the court at (225) 389-3584 when all participants are on the line. (SGO) (Entered: 12/13/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
25

AMENDED LIMITED SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 5/31/2017. Plaintiff`s Expert Reports due by 4/21/2017. Defendant`s Expert Reports due by 5/26/2017. Discovery from Experts due by 6/28/2017. Motions for Class Certification shall be filed by 7/24/2017. Opposition to Motion for Class Certification shall be filed by 8/21/2017. Reply to Opposition to Motion for Class Certification shall be filed by 9/11/2017. Signed by Magistrate Judge Erin Wilder-Doomes on 12/13/2016. (SGO) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
26

TRANSCRIPT REQUEST by Bradley Casto, Cedric Hammond, Lawrence Levy for proceedings held on December 12, 2016 before Judge Erin Wilder-Doomes.. (Rea, Madeline) Modified on 12/14/2016 "form forwarded to the Magistrate Judge's CRD via email."(EDC). (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
27

SEALED TRANSCRIPT of Proceedings: Settlement Conference held on 12/12/2016 before Magistrate Judge Erin Wilder-Doomes NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. The policy is located on our website at www.lamd.uscourts.gov. (NLT) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
28

MOTION to Substitute Laura Thornton in place of Nell Hahn as Attorney by All Plaintiffs. (Attachments: # 1 Proposed Order)(Hahn, Ellen) Modified to substitute per rec. doc. 30 on 12/22/2016 (SGO). (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER

MOTION(S) REFERRED: 28 MOTION to Substitute Laura Thornton in place of Nell Hahn as Attorney . This motion is now pending before the USMJ. (EDC)

Dec. 21, 2016

Dec. 21, 2016

PACER

Motions Referred

Dec. 21, 2016

Dec. 21, 2016

PACER
29

MOTION to Substitute Pleading by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(Hahn, Ellen) Modified on 12/22/2016 to edit text.(EDC). (Entered: 12/21/2016)

1 Proposed Pleading;

View on PACER

2 Proposed Order

View on PACER

Dec. 21, 2016

Dec. 21, 2016

PACER

MOTION(S) REFERRED: 29 MOTION for Leave to File Corrected Motion to Substitute Counsel . This motion is now pending before the USMJ. (EDC)

Dec. 22, 2016

Dec. 22, 2016

PACER

Motions Referred

Dec. 22, 2016

Dec. 22, 2016

PACER
30

ORDER granting 29 MOTION for Leave to File Corrected Motion to Substitute Counsel. Signed by Magistrate Judge Erin Wilder-Doomes on 12/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
31

ORDER granting 28 Motion to Substitute Counsel. Laura Lee Thornton added for Bradley Casto, Cedric Hammond and Lawrence Levy replacing Nell Hahn. Signed by Magistrate Judge Erin Wilder-Doomes on 12/22/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
32

AMENDED LIMITED SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 5/31/2017. Discovery due by 6/28/2017. Motions shall be filed by 7/24/2017. Opposition to Motion for Class Certification due by 8/21/2017. Replies due by 9/11/2017. Signed by Magistrate Judge Erin Wilder-Doomes on 01/24/2017. (SGO) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
33

Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Status Conference held on 1/24/2017. Counsel first discussed the status of efforts to memorialize the agreement in principle they reached at the settlement conference held with the court on December 12, 2016. Counsel advised the court that they have reached an impasse and will not be able to execute a written settlement agreement. Counsel agreed that they anticipated being able to meet the deadlines contained in the Amended Limited Scheduling Order. The court discussed with counsel whether it would be beneficial to scheduled monthly telephone status conferences in this matter. At this time, counsel agree they will continue to confer in an effort to resolve issues without court intervention. (SGO) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
34

TRANSCRIPT REQUEST by Bradley Casto, Cedric Hammond, Lawrence Levy for proceedings held on January 24, 2017 before Judge Erin Wilder-Doomes.. (Rea, Madeline) Modified on 3/20/2017 form forwarded to the Magistrate Judge's CRD via email (KAH). (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
35

Notice: In reference to the 34 Transcript Request, counsel was advised via telephone that telephone conferences in chambers are not recorded. Accordingly, there is no transcript from 1/24/2017 Telephone Conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 03/24/2017)

March 24, 2017

March 24, 2017

PACER
36

Notice: In response the correspondence from plaintiff's counsel date 3/27/2017, the 17 Telephone Conference Report and Order specifically references the fact that the limited Scheduling Order deadlines are limited to information required for a class certification hearing. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
37

Joint MOTION for Entry of Stipulation and Agreement by All Plaintiffs. (Attachments: # 1 Ex. A)(Rea, Madeline) (Entered: 07/21/2017)

1 Ex. A

View on PACER

July 21, 2017

July 21, 2017

RECAP
38

Considering the Joint Motion for Entry of Stipulation and Agreement by All Plaintiffs, it is ORDERED that the stipulation attached as Exhibit A is hereby entered into the record. Signed by Judge John W. deGravelles on 07/24/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
39

STIPULATION & AGREEMENT filed by All Parties. (LLH) (Entered: 07/25/2017)

July 24, 2017

July 24, 2017

Clearinghouse
40

Letter dated 8/11/2017 from Madeline Rea to Magistrate Judge Wilder-Doomes Re: Request to enter scheduling order on the merits. (BLR) (Entered: 08/15/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
41

ORAL ORDER: Grating 40 Request to enter scheduling order on the merits. The court will issue a separate limited Scheduling. Signed by Magistrate Judge Erin Wilder-Doomes on 8/15/2017. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
42

AMENDED LIMITED SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Plaintiff`s Expert Reports due by 9/22/2017. Defendant`s Expert Reports due by 10/13/2017. Expert Depositions due by 11/13/2017. Rebuttal Expert Reports due by 12/4/2017. Opening Summary Judgment Motions shall be filed by all parties by 1/26/2018. Briefs in Opposition to Summary Judgment due by 2/26/2018. Reply Briefs in Support of Summary Judgment due by 3/26/2018. The parties shall file Joint Status Report in form of R. Doc. 5 pp. 3-10 no later than 10 days after a ruling is issued on Summary Judgment Motion(s). Signed by Magistrate Judge Erin Wilder-Doomes on 8/18/2017. (EDC) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

RECAP

Motions Referred

Sept. 20, 2017

Sept. 20, 2017

PACER
43

MOTION to Amend the Amended Limited Scheduling Order by All Plaintiffs. (Attachments: # 1 Proposed Order)(Rea, Madeline) Modified to edit event on 9/21/2017 (SGO). (Entered: 09/20/2017)

1 Proposed Order

View on PACER

Sept. 20, 2017

Sept. 20, 2017

RECAP

MOTION(S) REFERRED: 43 MOTION to Amend the Amended Limited Scheduling Order. This motion is now pending before the USMJ. (KAH)

Sept. 20, 2017

Sept. 20, 2017

PACER
44

AMENDED LIMITED SCHEDULING ORDER granting 43 MOTION to Amend the Amended Limited Scheduling Order. Plaintiff`s Expert Reports due by 10/6/2017. Defendant`s Expert Reports due by 10/27/2017. Last day for Expert Depositions is 11/29/2017. Rebuttal Expert Reports due by 12/18/2017. Opening Summary Judgment Motions due by 2/9/2018. Oppositions due by 3/12/2018. Replies due by 4/9/2018. Parties shall file joint status report in the form of R. Doc. 5 pp. 3-10 no later than 10 days after ruling on Summary Judgement Motion(s). Signed by Magistrate Judge Erin Wilder-Doomes on 9/21/2017. (SGO) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
45

Joint MOTION To Extend Deadlines in Amended Limited Scheduling Order by All Plaintiffs. (Attachments: # 1 Proposed Order)(Rea, Madeline) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER

MOTION(S) REFERRED: 45 Joint MOTION To Extend Deadlines in Amended Limited Scheduling Order. This motion is now pending before the USMJ. (ELW)

Nov. 28, 2017

Nov. 28, 2017

PACER

Motions Referred

Nov. 28, 2017

Nov. 28, 2017

PACER

Set/Reset Deadlines

Nov. 29, 2017

Nov. 29, 2017

PACER
46

ORDER granting 45 Motion To Extend Deadlines in Amended Limited Scheduling Order. Signed by Magistrate Judge Erin Wilder-Doomes on 11/29/2017. (ELW) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER

Reset Deadlines: Last Day for Expert Depositions due by 12/15/2017. Rebuttal Expert Report due by 12/28/2017. (ELW)

Nov. 29, 2017

Nov. 29, 2017

PACER

Motions Referred

Dec. 15, 2017

Dec. 15, 2017

PACER
47

MOTION to Amend Scheduling Order by Louisiana Department of Public Safety and Corrections. (Attachments: # 1 proposed order)(Wilton, Patricia) Modified on 12/15/2017 to edit text. (EDC). (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER

MOTION(S) REFERRED: 47 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (EDC)

Dec. 15, 2017

Dec. 15, 2017

PACER
48

AMENDED SCHEDULING ORDER granting 47 Unopposed Motion to Amend Scheduling Order.Last Day for Expert Depositions: January 5, 2018. Rebuttal Expert Reports: January 19, 2018. Signed by Magistrate Judge Erin Wilder-Doomes on 12/15/2017. (SGO) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
49

Joint STIPULATION to Adjourn Scheduling Deadlines to Engage in Mediation by Bradley Casto, Cedric Hammond, Lawrence Levy. (Attachments: # 1 Proposed Pleading;)(Hirschhorn, Russell) Modified on 1/11/2018 to edit even(LLH). (Entered: 01/10/2018)

1 Proposed Pleading;

View on PACER

Jan. 10, 2018

Jan. 10, 2018

RECAP

MOTION(S) REFERRED: 49 MOTION to Dismiss Deadlines. This motion is now pending before the USMJ. (LLH)

Jan. 11, 2018

Jan. 11, 2018

PACER

Motions Referred

Jan. 11, 2018

Jan. 11, 2018

PACER
50

AMENDED SCHEDULING ORDER: Motion for Entry of Stipulation to Adjourn Scheduling Deadlines (Dkt. 49) is GRANTED for good cause shown. Parties will promptly focus their attention on trying to mediate a resolution of this action with goal of signing a term sheet no later than March 15, 2018. Signed by Magistrate Judge Erin Wilder-Doomes on 01/17/2018. (ELW) Modified on 1/25/2018 to correct entry (ELW). (Entered: 01/19/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER

Set Deadlines: Opening Brief due by 4/4/2018. Opposition Brief due by 5/9/2018. Reply Briefs due by 5/30/2018. (ELW)

Jan. 25, 2018

Jan. 25, 2018

PACER

Set/Reset Deadlines

Jan. 25, 2018

Jan. 25, 2018

PACER

Motions Referred

March 28, 2018

March 28, 2018

PACER
51

MOTION for Russell T. Gorkin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1744873) by All Plaintiffs. (Attachments: # 1 Exhibit A - Affidavit of Russell T. Gorkin, # 2 Proposed Order)(Rea, Madeline) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
52

MOTION for Om V. Alladi to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1744901) by All Plaintiffs. (Attachments: # 1 Exhibit A - Affidavit of Om V. Alladi, # 2 Proposed Order)(Rea, Madeline) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER

MOTION(S) REFERRED: 52 MOTION for Om V. Alladi to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1744901), 51 MOTION for Russell T. Gorkin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1744873). This motion is now pending before the USMJ. (EDC)

March 28, 2018

March 28, 2018

PACER
53

ORDER granting 51 and 52 Motions for Russell Todd Gorkin and Om Vasudevan Alladi to appear Pro Hac Vice for Plaintiffs Lawrence Levy, Cedric Hammond, andBradley Casto. Signed by Magistrate Judge Erin Wilder-Doomes on 3/29/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
54

MOTION for Philip J. Fornaci to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1747991) by All Plaintiffs. (Attachments: # 1 Exhibit A - Affidavit of Philip Fornaci, # 2 Proposed Order)(Rea, Madeline) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER

MOTION(S) REFERRED: 54 MOTION for Philip J. Fornaci to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number 053N-1747991). This motion is now pending before the USMJ. (ELW)

April 4, 2018

April 4, 2018

PACER

Motions Referred

April 4, 2018

April 4, 2018

PACER
55

MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Declaration of Lawrence Levy, # 2 Declaration of Cedric Hammond, # 3 Declaration of Bradley Casto, # 4 Declaration of Russell Gorkin, # 5 Ex. A to Gorkin Declaration, # 6 Ex. B to Gorkin Declaration, # 7 Ex. C to Gorkin Declaration, # 8 Ex. D to Gorkin Declaration, # 9 Ex. E to Gorkin Declaration, # 10 Ex. F to Gorkin Declaration, # 11 Ex. G to Gorkin Declaration, # 12 Ex. H to Gorkin Declaration, # 13 Ex. I to Gorkin Declaration, # 14 Ex. J to Gorkin Declaration, # 15 Ex. K to Gorkin Declaration, # 16 Ex. L to Gorkin Declaration, # 17 Ex. M to Gorkin Declaration, # 18 Ex. N to Gorkin Declaration, # 19 Ex. O to Gorkin Declaration, # 20 Ex. P to Gorkin Declaration, # 21 Ex. Q to Gorkin Declaration, # 22 Ex. R to Gorkin Declaration, # 23 Ex. S to Gorkin Declaration, # 24 Ex. T to Gorkin Declaration, # 25 Ex. U to Gorkin Declaration, # 26 Ex. V to Gorkin Declaration, # 27 Ex. W to Gorkin Declaration, # 28 Ex. X to Gorkin Declaration, # 29 Ex. Y to Gorkin Declaration, # 30 Statement of Undisputed Facts, # 31 Memorandum in Support, # 32 Certificate of Service)(Hirschhorn, Russell) (Entered: 04/04/2018)

1 Declaration of Lawrence Levy

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2 Declaration of Cedric Hammond

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3 Declaration of Bradley Casto

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4 Declaration of Russell Gorkin

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5 Ex. A to Gorkin Declaration

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6 Ex. B to Gorkin Declaration

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7 Ex. C to Gorkin Declaration

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8 Ex. D to Gorkin Declaration

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9 Ex. E to Gorkin Declaration

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10 Ex. F to Gorkin Declaration

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11 Ex. G to Gorkin Declaration

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12 Ex. H to Gorkin Declaration

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13 Ex. I to Gorkin Declaration

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14 Ex. J to Gorkin Declaration

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15 Ex. K to Gorkin Declaration

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16 Ex. L to Gorkin Declaration

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17 Ex. M to Gorkin Declaration

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18 Ex. N to Gorkin Declaration

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19 Ex. O to Gorkin Declaration

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20 Ex. P to Gorkin Declaration

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21 Ex. Q to Gorkin Declaration

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22 Ex. R to Gorkin Declaration

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23 Ex. S to Gorkin Declaration

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24 Ex. T to Gorkin Declaration

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25 Ex. U to Gorkin Declaration

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26 Ex. V to Gorkin Declaration

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27 Ex. W to Gorkin Declaration

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28 Ex. X to Gorkin Declaration

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29 Ex. Y to Gorkin Declaration

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30 Statement of Undisputed Facts

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31 Memorandum in Support

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32 Certificate of Service

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April 4, 2018

April 4, 2018

PACER
56

MOTION for Oral Argument on 55 MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Proposed Order)(Hirschhorn, Russell) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
57

NOTICE of Briefing Schedule on 55 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
58

ORDER granting 56 Motion for Oral Argument on 55 MOTION for Summary Judgment . Motion Hearing set for 8/23/2018 at 9:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Judge John W. deGravelles on 04/05/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
59

NOTICE of Hearing on Motion 55 MOTION for Summary Judgment :Motion Hearing reset for 11/15/2018 at 2:30 PM in Courtroom 1 before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
60

ORDER granting 54 Motion for Philip J. Fornaci to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 04/05/2018. (ELW) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
61

MEMORANDUM in Opposition to 55 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Statement of Contested Facts, # 2 Wilton Declaration, # 3 Bordelon Declaration, # 4 Oertel Declaration, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Anderson Declaration)(Wilton, Patricia) (Attachment 4 replaced on 4/26/2018) (ELW). Modified on 4/26/2018 to correct page orientation (ELW). (Additional attachment(s) added on 5/29/2018: # 13 Attachment Declaration of Maria Pollage-Toups, # 14 Exhibit, # 15 Exhibit) (ELW). (Entered: 04/26/2018)

1 Statement of Contested Facts

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2 Wilton Declaration

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3 Bordelon Declaration

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4 Oertel Declaration

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Anderson Declaration

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April 25, 2018

April 25, 2018

RECAP
62

MOTION to Accept Late Filed Memorandum and Attachments by All Defendants. (Attachments: # 1 Proposed Order)(Wilton, Patricia) Modified on 4/26/2018 to edit text (ELW). (Entered: 04/26/2018)

1 Proposed Order

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April 26, 2018

April 26, 2018

PACER
63

ORDER granting 62 Motion to Accept Late Filed Memorandum and Attachments. Signed by Judge John W. deGravelles on 04/29/2018. (ELW) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
64

REPLY to 55 MOTION for Summary Judgment, 61 Memorandum in Opposition to Motion, filed by All Plaintiffs. (Attachments: # 1 Reply Declaration of Russell Gorkin, # 2 Ex. A to Gorkin Reply Declaration, # 3 Ex. B to Gorkin Reply Declaration, # 4 Ex. C to Gorkin Reply Declaration, # 5 Ex. D to Gorkin Reply Declaration)(Hirschhorn, Russell) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
65

MOTION for Leave to File Declaration of Maria Pollage-Toups by All Defendants. (Attachments: # 1 Proposed Pleading;, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Wilton, Patricia) (Entered: 05/23/2018)

1 Proposed Pleading;

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2 Exhibit A

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3 Exhibit B

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4 Proposed Order

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May 23, 2018

May 23, 2018

RECAP
66

ORDER granting 65 MOTION for Leave to File Declaration of Maria Pollage-Toups filed by James LeBlanc, Louisiana Department of Public Safety and Corrections. Signed by Judge John W. deGravelles on 05/24/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
67

MOTION for Reconsideration of 65 MOTION for Leave to File Declaration of Maria Pollage-Toups by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A to Memorandum, # 3 Exhibit B to Memorandum)(Hirschhorn, Russell) (Entered: 05/29/2018)

1

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May 29, 2018

May 29, 2018

PACER
68

NOTICE of ABBREVIATED Briefing Schedule on 67 MOTION for Reconsideration of 65 MOTION for Leave to File Declaration of Maria Pollage-Toups : Opposition to the motion shall be filed within 10 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 5 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER

Set Deadlines as to 67 MOTION for Reconsideration of 65 MOTION for Leave to File Declaration of Maria Pollage-Toups . (KDC)

June 4, 2018

June 4, 2018

PACER

Set Deadlines as to 67 MOTION for Reconsideration of 65 MOTION for Leave to File Declaration of Maria Pollage-Toups . (THIS EVENT WAS ENTERED FOR CALENDARING PURPOSES ONLY.)

June 4, 2018

June 4, 2018

PACER

Set/Reset Motion and R&R Deadlines/Hearings

June 4, 2018

June 4, 2018

PACER
69

MEMORANDUM in Opposition to 67 MOTION for Reconsideration of 65 MOTION for Leave to File Declaration of Maria Pollage-Toups filed by All Defendants. (Attachments: # 1 Wilton Declaration, # 2 EX A to Wilton Declaration)(Wilton, Patricia) (Entered: 06/08/2018)

1 Wilton Declaration

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2 EX A to Wilton Declaration

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June 8, 2018

June 8, 2018

PACER
70

Reply to Response to Motion

June 13, 2018

June 13, 2018

PACER
71

Order on Motion for Reconsideration

June 14, 2018

June 14, 2018

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 16, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Probationers and parolees who are deaf or have hearing impairments and who are under the control and supervision of the Louisiana Department of Public Safety and Corrections ("LDPSC")

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Louisiana Department of Public Safety and Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $425,000

Issues

General:

Discharge & termination plans

Disparate Impact

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run