Civil Rights Litigation Clearinghouse

Case: Cook v. Bogalusa City Court

2:16-cv-11024 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 21, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 21, 2016, individuals who had been subject to a $50 "extension fee" for inability to pay their monetary penalties in full, under threat that they would otherwise go to jail for non-payment of court fines and costs, brought this putative class action in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued the Bogalusa City Court and the sole judge who sits on the Bogalusa City Court for violations of their Fourteenth Amendment rights to equal protection and due process, under 42 U.S.C. § 1983. They claimed that the defendants: systematically jailed and threatened to jail individuals who cannot pay fines and court costs that were used to fund expenditures of the city court; and have created an illegal extension fee to generate additional revenue.

Represented by the Southern Poverty Law Center, plaintiffs sought a temporary restraining order or preliminary injunction, as well as to certify a class and subclass for equitable relief and a separate class for damages. The class for equitable relief was to be defined as "all individuals who will appear in the Bogalusa City Court for criminal cases or who have unpaid fines and costs assessed by and opened by the City Court. The Subclass was to be defined as "all individuals who were or will be adjudicated guilty in the Bogalusa City Court, who have been worn will be given a future date by which to return to City Court, and who have not paid the assessed fines and costs in full prior to returning to City Court." The class seeking damages included those individuals who paid an extension fee between June 22, 2015 to the time of the complaint.

In a June 23, 2016 order, U.S. District Court Judge Ivan L.R. Lemelle denied the plaintiffs' motion for a temporary restraining order, and held their request for a preliminary injunction in abeyance. Shortly thereafter, the parties agreed to explore a possible settlement.

As settlement negotiations were getting under way, the parties reached an interim agreement, which they filed on June 27, 2016. Once approved by the Court, it was to govern the next 75 days. During this time period, the defendant judge agreed not to incarcerate any Bogalusa City Court defendant on the sole basis of nonpayment of fines or costs or contempt fee, nor assess or collect (i) any court cost authorized by La. Stat. Ann. § 13:1899; (ii) any “extension fees” or similar payments required by the City Court to allow a defendant additional time to pay court debt; or (iii) any contempt fees that are retained by the City Court and deposited into the City Court’s judicial expense account.

In addition, for the same interim time period, the defendant judge agreed to provide to the plaintiffs’ counsel a copy of daily jail logs for the Bogalusa City Jail, and an up-to-date copy of the Bogalusa City Court’s “Criminal Account-Citizens Income Statement.” Both parties agreed to submit a joint written status report in 45 days to report on the status of settlement discussions and the parties’ respective positions on how the Court should proceed with the pending motions for preliminary injunction and class certification. This agreement was repeatedly renewed through motions to continue until the parties reached a full settlement on September 5, 2017.

On June 28, 2016, Judge Lemelle granted the joint motion and further ordered that the plaintiffs' Motion to Certify Class and their Motion for Preliminary Injunction to be dismissed without prejudice.

On January 17, 2017, plaintiffs amended their complaint with allegations that defendants, without the authorization of state law and after agreeing to halt the $50 dollar “extension fee,” began assigning community service as a sanction for non-payment, instead of jail-time, and established a $25 “enrollment fee” for individuals to complete community service.

On June 7, 2017, a partial settlement agreement was reached. The defendants agreed to issue $50 dollar refunds to all parties who paid the “extension fee” on and after June 21, 2015. The plaintiffs agreed to dismiss the fifth claim for relief of their first amended complaint, which sought compensatory damages for the payment of the extension fee, and agreed to dismiss defendant Bogalusa City Court from the suit.

On June 21, 2017, plaintiff’s motion for class certification was dismissed without prejudice.

On September 5, 2017, a full settlement was reached. Plaintiffs agreed to dismiss their lawsuit against the defendant. In exchange, the defendant agreed, for a period of thirty months, to stop jailing indigent individuals for failure to pay court debt solely due to their inability to pay the debt, agreed to discontinue use of any extension fees except as explicitly authorized by state law, and agreed to discontinue use of an enrollment fee for community service. The defendant also agreed to implement warrant amnesty days that would enable individuals with arrest warrants for failure to comply with an order to appear, subpoena, or summons to appear at the city court to receive a new hearing date and clear any warrants.

The defendant also permanently agreed to no longer collect or assess any court costs that would be deposited into an account controlled directly by the city court. Instead, these costs or fees would be deposited into a special account maintained by the City of Bogalusa, who would have control of the account and any disbursements made therefrom. The court was also required to submit a yearly budget request to fund operations of the city court, which the mayor and city council must approve in accordance with the city charter. The City of Bogalusa would maintain discretion to allocate funds from the special account to the court to fund operations of the court.

Finally, the defendant agreed to a six-month reporting period wherein the defendant would notify the plaintiff’s counsel when any city court defendant was being placed in jail for nonpayment of a fine, costs, or failure to complete a form of alternative payment.

The court maintained jurisdiction over the case. There has been no action on the docket since September 5, 2017.

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Summary Authors

Saeeda Joseph-Charles (11/17/2016)

Cade Boland (10/22/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6148320/parties/cook-v-bogalusa-city-court/

Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Early, Emily C.R. (Alabama)

Wang, Ivy (Alabama)

West, Micah (Alabama)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Dittmer, Edward Brewster II (Louisiana)

Sanders, David Glen (Louisiana)

Wilton, Patricia Hill (Louisiana)

Expert/Monitor/Master

Dirmann, Shannon Bates (Louisiana)

Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Early, Emily C.R. (Alabama)

Wang, Ivy (Alabama)

West, Micah (Alabama)

Zampierin, Sara (Alabama)

Attorneys(s) for Defendant

Dittmer, Edward Brewster II (Louisiana)

Sanders, David Glen (Louisiana)

Wilton, Patricia Hill (Louisiana)

Expert/Monitor/Master

Dirmann, Shannon Bates (Louisiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Cook v. Bogulsa City Court	Sept. 5, 2017	Docket
1	Complaint Roberts v. Black	June 21, 2016	Complaint
36	Joint Motion to Continue and to Enforce Agreed Stipulation	June 27, 2016	Pleading / Motion / Brief
39	Order [Denying Motion to Certify Class and the Motion for Preliminary Injunction Without Prejudice]	June 28, 2016	Order/Opinion
48	Order [Granting Motion to Continue to Enforce the Parties' Stipulations]	Oct. 17, 2016	Order/Opinion
67	First Amended Complaint Cook v. Robert J. Black	Jan. 10, 2017	Complaint
91-1	Stipulated Settlement Agreement Related to Fifth Claim for Relief Cook v. Black	June 2, 2017	Settlement Agreement
95	Order	June 7, 2017	Order/Opinion
105	Order	June 22, 2017	Order/Opinion
113-1	Stipulated Settlement Agreement Cook v. Black	Sept. 1, 2017	Settlement Agreement

Resources

Title	Description		External URL
Parole News Blog links to Clearinghouse Parole News	Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse"	Aug. 7, 2016	http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6148320/cook-v-bogalusa-city-court/

Last updated May 11, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against All Plaintiffs (Filing fee $ 400 receipt number 053L-5511246) filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi.Attorney Ivy Wang added to party Latasha Cook(pty:pla), Attorney Ivy Wang added to party Robert Levi(pty:pla), Attorney Ivy Wang added to party Ebony Roberts(pty:pla), Attorney Ivy Wang added to party Rozzie Scott(pty:pla).(Wang, Ivy)	June 21, 2016	RECAP
2	Summons Submitted for Issuance (Wang, Ivy)	June 21, 2016	PACER
3	Summons Submitted for Issuance (Wang, Ivy)	June 21, 2016	PACER
4	*FILED IN ERROR - TO BE RE-FILED* - EXPARTE/CONSENT MOTION for Leave to File Excess Pages of Plaintiffs' Memorandum of Law in Support of their Motion for Temporary Retraining Order or Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified on 6/21/2016 (ijg). 1 Proposed Order View on PACER	June 21, 2016	PACER
5	EXPARTE/CONSENT MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order Proposed Temporary Restraining Order, # (3) Proposed Order Proposed Preliminary Injunction)(Wang, Ivy) 1 Memorandum in Support View on PACER 2 Proposed Order Proposed Temporary Restraining Order View on PACER 3 Proposed Order Proposed Preliminary Injunction View on PACER	June 21, 2016	PACER
6	EXPARTE/CONSENT MOTION to Expedite Hearing, MOTION for Hearing re [5] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy) 1 Proposed Order View on PACER	June 21, 2016	PACER
7	Declaration by All Plaintiffs : Declaration of Micah West in Support of Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion for Class Certification (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, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V)(Wang, Ivy) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER 22 Exhibit V View on PACER	June 21, 2016	PACER
8	Declaration by All Plaintiffs : Declaration of Ebony Roberts (Wang, Ivy)	June 21, 2016	PACER
9	Declaration by All Plaintiffs : Declaration of Rozzie Scott (Wang, Ivy)	June 21, 2016	PACER
10	Declaration by All Plaintiffs : Declaration of Latasha Cook (Wang, Ivy)	June 21, 2016	PACER
11	Declaration by All Plaintiffs : Declaration of Robert Levi (Wang, Ivy)	June 21, 2016	PACER
12	Declaration by All Plaintiffs : Declaration of Douglas Levi (Wang, Ivy)	June 21, 2016	PACER
13	Declaration by All Plaintiffs : Declaration of Davina Cole (Wang, Ivy)	June 21, 2016	PACER
14	Declaration by All Plaintiffs : Declaration of Dallas Magee (Wang, Ivy)	June 21, 2016	PACER
15	Declaration by All Plaintiffs : Declaration of Chequietta Henry (Wang, Ivy)	June 21, 2016	PACER
16	Declaration by All Plaintiffs : Declaration of Alexis Dixon (Wang, Ivy)	June 21, 2016	PACER
17	Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (jeg)	June 21, 2016	PACER
18	Civil Cover Sheet Submitted (Wang, Ivy)	June 21, 2016	PACER
19	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Samuel Brooke (Filing fee $ 100 receipt number 053L-5512198) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Samuel Brooke in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy) 1 Affidavit of Samuel Brooke in Support of Motion for Admission Pro Hac Vice View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Exhibit CM/ECF Registration View on PACER 4 Proposed Order View on PACER	June 21, 2016	PACER
20	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Micah West (Filing fee $ 100 receipt number 053L-5512239) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Micah West in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy) 1 Affidavit of Micah West in Support of Motion for Admission Pro Hac Vice View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Exhibit CM/ECF Registration View on PACER 4 Proposed Order View on PACER	June 21, 2016	PACER
21	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Emily Early (Filing fee $ 100 receipt number 053L-5512293) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Emily Early in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy) 1 Affidavit of Emily Early in Support of Motion for Admission Pro Hac Vice View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Exhibit CM/ECF Registration View on PACER 4 Proposed Order View on PACER	June 21, 2016	PACER
22	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Sara Zampierin (Filing fee $ 100 receipt number 053L-5512332) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Sara Zampierin in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Proposed Order)(Wang, Ivy) 1 Affidavit of Sara Zampierin in Support of Motion for Admission Pro Hac Vice View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Proposed Order View on PACER	June 21, 2016	PACER
23	DEFICIENT - EXPARTE/CONSENT MOTION to Certify Class by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Memorandum in Support, # (2) Affidavit of Samuel Brooke in Support of Motion for Class Certification, # (3) Proposed Order)(Wang, Ivy) Modified on 6/22/2016 (ijg). 1 Memorandum in Support View on PACER 2 Affidavit of Samuel Brooke in Support of Motion for Class Certification View on PACER 3 Proposed Order View on PACER	June 21, 2016	PACER
24	Summons Issued as to Robert J. Black, Bogalusa City Court. (Attachments: # (1) Summons)(ijg) 1 Summons View on PACER	June 21, 2016	PACER
25	EXPARTE/CONSENT MOTION to Substitute Filing, MOTION for Leave to File Excess Pages of the Memorandum of Law in Support of Motion for Temporary Restraining Order or Preliminary Injunction by Ebony Roberts, Rozzie Scott. (Attachments: # (1) Exhibit A: Proposed Corrected Memorandum, # (2) Proposed Order)(Wang, Ivy) 1 Exhibit A: Proposed Corrected Memorandum View on PACER 2 Proposed Order View on PACER	June 21, 2016	PACER
	NOTICE OF DEFICIENT DOCUMENT: re 23 Motion to Certify Class,. Reason(s) of deficiency: Notice of Submission not provided. For corrective information, see section(s) D12 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 6/29/2016. (ijg)	June 22, 2016	PACER
26	*DEFICIENT* - SUMMONS Returned Executed; Robert J. Black served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/23/2016 (ijg).	June 22, 2016	PACER
27	*DEFICIENT* - SUMMONS Returned Executed; Bogalusa City Court served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/23/2016 (ijg).	June 22, 2016	PACER
	NOTICE OF DEFICIENT DOCUMENT: re 26 Summons Returned Executed, 27 Summons Returned Executed. Reason(s) of deficiency: Incomplete document; the Summons Returns must include both pages of the summons form that was issued on 6/21/2016. For corrective information, see section(s) D01 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 6/30/2016. (ijg)	June 23, 2016	PACER
28	SUMMONS Returned Executed; Robert J. Black served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/24/2016 (ijg).	June 23, 2016	PACER
29	SUMMONS Returned Executed; Bogalusa City Court served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/24/2016 (ijg).	June 23, 2016	PACER
30	MOTION to Certify Class by Ebony Roberts, Rozzie Scott. Motion(s) will be submitted on 7/20/2016. (Attachments: # (1) Memorandum in Support, # (2) Affidavit of Samuel Brooke in Support, # (3) Notice of Submission, # (4) Proposed Order)(Wang, Ivy) 1 Memorandum in Support View on PACER 2 Affidavit of Samuel Brooke in Support View on PACER 3 Notice of Submission (Civil Only) View on PACER 4 Proposed Order View on PACER	June 23, 2016	PACER
31	Request/Statement of Oral Argument by Ebony Roberts, Rozzie Scott regarding [30] MOTION to Certify Class (Wang, Ivy)	June 23, 2016	PACER
32	ORDER AND REASONS: For the reasons outlined, IT IS ORDERED that the motion for leave to file and substitute filing (Rec. Doc. 25) is GRANTED. FURTHER ORDERED that the motion for temporary restraining order is DENIED; the request for a preliminary injunction will be HELD IN ABEYANCE. A preliminary injunction hearing is tentatively set for Wednesday, July 13, 2016 at 9:00 a.m. Defendants have until July 5, 2016 to file any opposition memoranda in accordance with Local Rule 7.5. FURTHER ORDERED that the motion to set a speedy hearing on claim two of the complaint is DENIED.. Signed by Judge Ivan L.R. Lemelle on 6/23/2016.(cms)	June 23, 2016	PACER
33	ORDER granting [19] [20] [21] [22] Motions to Appear Pro Hac Vice as to Samuel J. Brooke, Micah West, Emily C.R. Early, Sara Zampierin. Signed by Judge Ivan L.R. Lemelle on 6/23/2016. (cms)	June 23, 2016	PACER
34	CERTIFICATE OF SERVICE by All Plaintiffs re [32] Order, [33] Order on Motion to Appear Pro Hac Vice. (Wang, Ivy) Modified docket text only on 6/24/2016 (ijg).	June 23, 2016	PACER
35	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Robert J. Black. (Attachments: # (1) Proposed Order)Attorney Edward Brewster Dittmer, II added to party Robert J. Black(pty:dft).(Dittmer, Edward) 1 Proposed Order View on PACER	June 27, 2016	PACER
36	EXPARTE/CONSENT Joint MOTION to Continue, Joint MOTION to Enforce Agreed Stipulation by Ebony Roberts, Rozzie Scott, Robert J. Black. (Attachments: # (1) Proposed Order)(Brooke, Samuel) Modified on 6/28/2016 (ijg). 1 Proposed Order View on PACER	June 27, 2016	PACER
37	ORDER granting [35] Motion to Enroll E.B. Dittmer II as Counsel of Record for Robert J. Black. Signed by Judge Ivan L.R. Lemelle. (ijg)	June 27, 2016	PACER
38	Correction of Docket Entry by Clerk re [36] Joint MOTION to Continue, Joint MOTION to Enforce Agreed Stipulation ; Filing attorney did not select Robert J. Black as a filer(s). Clerk added filer(s). (ijg)	June 28, 2016	PACER
39	ORDER Granting [36] Joint MOTION to Continue Joint MOTION to Enforce Agreed Stipulation . Further Ordered that the [30] MOTION to Certify Class and the [5] MOTION for Preliminary Injunction are Dismissed Without Prejudice. Further Ordered that within 46 days the parties shall jointly file a motion as set forth in document. Signed by Judge Ivan L.R. Lemelle.(ijg)	June 28, 2016	PACER
40	EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Bogalusa City Court. (Attachments: # (1) Proposed Order)Attorney Edward Brewster Dittmer, II added to party Bogalusa City Court(pty:dft).(Dittmer, Edward) 1 Proposed Order View on PACER	July 27, 2016	PACER
41	ORDER granting [40] Motion to Enroll as Counsel of Record. Signed by Judge Ivan L.R. Lemelle. (ijg)	July 28, 2016	PACER
42	EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record Shannon Dirmann, Patricia Wilton and David Sanders by Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)Attorney Shannon Bates Dirmann added to party Robert J. Black(pty:dft), Attorney Shannon Bates Dirmann added to party Bogalusa City Court(pty:dft).(Dirmann, Shannon) Modified text on 8/10/2016 (mmv). 1 Proposed Order View on PACER	Aug. 10, 2016	PACER
43	ORDER granting [42] Motion to Enroll as Counsel of Record for Attorney Patricia Hill Wilton,David Glen Sanders, Shannon B. Dirmann for Robert J. Black and Bogalusa City Court. Signed by Judge Ivan L.R. Lemelle on 8/10/2016. (my)	Aug. 10, 2016	PACER
44	EXPARTE/CONSENT MOTION to Set a Scheduling Order, MOTION to Continue by Ebony Roberts, Rozzie Scott, Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified on 8/15/2016 (ijg). 1 Proposed Order View on PACER	Aug. 12, 2016	PACER
45	Correction of Docket Entry by Clerk re [44] MOTION to Set a Scheduling Order MOTION to Continue ; Filing attorney did not add Robert J. Black and Bogalusa City Court as filers. Clerk added filers. (ijg)	Aug. 15, 2016	PACER
46	ORDER Granting [36] Joint MOTION to set a Scheduling Conference and to Continue. A telephone Scheduling Conference set for 10/27/2016 09:30 AM before case manager. The parties shall call in for the conference. Further Ordered that all scheduling and discovery deadlines are continued for 60 days from the date of this order. Further Ordered that the parties' joint stipulation shall remain in effect for 60 days from the date of this order. Signed by Judge Ivan L.R. Lemelle.(ijg)	Aug. 16, 2016	PACER
47	EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified filers on 10/14/2016 (mmv). 1 Proposed Order View on PACER	Oct. 14, 2016	PACER
48	ORDER GRANTING [47] Motion to Continue to Enforce the Parties' Stipulations. IT IS ORDERED that the motion is GRANTED. The parties' joint stipulations (see Rec. Docs. [36], [39], [46]) shall remain in effect and be fully enforceable by this Court for sixty (60) days from the date of this Order. IT IS FURTHER ORDERED that all other deadlines shall remain unaltered. Signed by Judge Ivan L.R. Lemelle on 10/17/2016. (mmv)	Oct. 17, 2016	PACER
49	SCHEDULING ORDER: Final Pretrial Conference set for 9/28/2017 02:00 PM before Judge Ivan L.R. Lemelle. Bench Trial set for 10/16/2017 09:00 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 8/29/2017. Signed by Judge Ivan L.R. Lemelle. (Attachments: # (1) Pretrial Notice Form)(ijg) 1 Pretrial Notice Form View on PACER	Oct. 27, 2016	PACER
50	WITHDRAWN PER ORDER REC. DOC. #55 EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Early, Emily) Modified text/filers on 11/25/2016 (mmv). 1 Proposed Order View on PACER	Nov. 23, 2016	PACER
51	EXPARTE/CONSENT MOTION for Extension of Deadlines by the Parties by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified text/filers on 11/25/2016 (mmv). 1 Proposed Order View on PACER	Nov. 23, 2016	PACER
52	Correction of Docket Entry by Clerk re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations, [51] MOTION for Extension of Deadlines by the Parties. The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document. (mmv)	Nov. 25, 2016	PACER
53	EXPARTE/CONSENT MOTION to Withdraw Motion filed in Error re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text on 11/29/2016 (mmv). 1 Proposed Order View on PACER	Nov. 28, 2016	PACER
54	ORDER GRANTING [51] Motion for Extension of Deadlines. The deadline for filing any amendments to pleadings, third-party actions, cross-claims, and/or counter-claims is hereby extended from November 28, 2016 to January 6, 2017. IT IS FURTHER ORDERED that all other deadlines shall remain unaltered. Signed by Judge Ivan L.R. Lemelle on 11/29/2016. (mmv)	Nov. 29, 2016	PACER
55	ORDER GRANTING [53] Motion to Withdraw Motion Filed in Error re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations. Signed by Judge Ivan L.R. Lemelle on 11/29/2016. (mmv)	Nov. 29, 2016	PACER
56	EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified text/filers on 12/19/2016 (mmv). 1 Proposed Order View on PACER	Dec. 16, 2016	PACER
57	Correction of Docket Entry by Clerk re [56] Joint MOTION to Continue to Enforce the Parties' Stipulations. Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s). (mmv)	Dec. 19, 2016	PACER
58	ORDER GRANTING [56] Motion to Continue to Enforce the Parties' Stipulations as set forth in document. Signed by Judge Ivan L.R. Lemelle on 12/19/2016. (mmv)	Dec. 20, 2016	PACER
59	DEFICIENT AMENDED COMPLAINT against All Defendants filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi. (Wang, Ivy) Modified on 1/9/2017 (mmv).	Jan. 6, 2017	PACER
60	DEFICIENT MOTION to Certify Class by Plaintiffs. Motion(s) will be submitted on 3/1/2017. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Notice of Submission and Request for Oral Argument)(Wang, Ivy) Modified on 1/9/2017 (mmv). 1 Memorandum in Support View on PACER 2 Proposed Order View on PACER 3 Notice of Submission (Civil Only) and Request for Oral Argument View on PACER	Jan. 6, 2017	PACER
61	Declaration by Plaintiffs of Micah West (Attachments: # (1) Exhibit A to West Decl., # (2) Exhibit B to West Decl., # (3) Exhibit C to West Decl., # (4) Exhibit D to West Decl., # (5) Exhibit E to West Decl., # (6) Exhibit F to West Decl., # (7) Exhibit G to West Decl., # (8) Exhibit H to West Decl., # (9) Exhibit I to West Decl., # (10) Exhibit J to West Decl., # (11) Exhibit K to West Decl., # (12) Exhibit L to West Decl., # (13) Exhibit M to West Decl., # (14) Exhibit N to West Decl., # (15) Exhibit O to West Decl., # (16) Exhibit P to West Decl., # (17) Exhibit Q to West Decl., # (18) Exhibit R to West Decl., # (19) Exhibit S to West Decl., # (20) Exhibit T to West Decl., # (21) Exhibit U to West Decl., # (22) Exhibit V to West Decl.)(Wang, Ivy) Modified filers on 1/9/2017 (mmv). 1 Exhibit A to West Decl. View on PACER 2 Exhibit B to West Decl. View on PACER 3 Exhibit C to West Decl. View on PACER 4 Exhibit D to West Decl. View on PACER 5 Exhibit E to West Decl. View on PACER 6 Exhibit F to West Decl. View on PACER 7 Exhibit G to West Decl. View on PACER 8 Exhibit H to West Decl. View on PACER 9 Exhibit I to West Decl. View on PACER 10 Exhibit J to West Decl. View on PACER 11 Exhibit K to West Decl. View on PACER 12 Exhibit L to West Decl. View on PACER 13 Exhibit M to West Decl. View on PACER 14 Exhibit N to West Decl. View on PACER 15 Exhibit O to West Decl. View on PACER 16 Exhibit P to West Decl. View on PACER 17 Exhibit Q to West Decl. View on PACER 18 Exhibit R to West Decl. View on PACER 19 Exhibit S to West Decl. View on PACER 20 Exhibit T to West Decl. View on PACER 21 Exhibit U to West Decl. View on PACER 22 Exhibit V to West Decl. View on PACER	Jan. 6, 2017	PACER
62	NOTICE by Plaintiffs of Filing of Declarations. (Attachments: # (1) Affidavit of Samuel Brooke, # (2) Affidavit of Sarah Bechdel, # (3) Affidavit of Richard Bolgiano, # (4) Affidavit of Bradley Moses, # (5) Affidavit of Benny Graham, # (6) Affidavit of James Lorio, # (7) Affidavit of Marisa Pam)(Wang, Ivy) Modified text/filers on 1/9/2017 (mmv). 1 Affidavit of Samuel Brooke View on PACER 2 Affidavit of Sarah Bechdel View on PACER 3 Affidavit of Richard Bolgiano View on PACER 4 Affidavit of Bradley Moses View on PACER 5 Affidavit of Benny Graham View on PACER 6 Affidavit of James Lorio View on PACER 7 Affidavit of Marisa Pam View on PACER	Jan. 6, 2017	PACER
	NOTICE OF DEFICIENT DOCUMENT: re 60 Motion to Certify Class. Reason(s) of deficiency: Pleadings over 25 pages; Notice of Submission not provided. The Memorandum in Support cannot be more than 25 pages. The Notice of Submission setting the motion for a valid submission date must be filed as a separate attachment to the Motion. If Oral Argument is being requested, the Request for Oral Argument must be filed as a separate pleading/docket entry. For corrective information, see section(s) D07/D12 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 1/17/2017. (mmv)	Jan. 9, 2017	PACER
63	Correction of Docket Entry by Clerk re [61] Declaration, [62] Notice (Other). Unless ordered by the Court, please do not change/edit the original case caption for any filings in this matter. Also, when selecting filers, please select All Plaintiffs if the document you are filing is on behalf of all plaintiffs. (mmv)	Jan. 9, 2017	PACER
64	EXPARTE/CONSENT MOTION for Leave to File Amended Complaint, by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Pleading - First Amended Complaint, # (2) Notice of Submission, # (3) Proposed Order)(Wang, Ivy) Modified text on 1/11/2017 (mmv). 1 Proposed Pleading - First Amended Complaint View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Proposed Order View on PACER	Jan. 10, 2017	PACER
65	ORDER SCHEDULING SETTLEMENT CONFERENCE for 2/23/2017 at 10:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)	Jan. 12, 2017	PACER
66	ORDER GRANTING [64] Motion for Leave to Amend Complaint. Signed by Judge Ivan L.R. Lemelle on 1/12/2017. (mmv)	Jan. 17, 2017	PACER
67	AMENDED COMPLAINT against Robert J. Black, Bogalusa City Court filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi.(mmv)	Jan. 17, 2017	RECAP
68	Renewed MOTION for Class Certification by Richard Bolgiano, Benny Graham, James Lorio, Bradley Moses, Marisa Pam. Motion(s) will be submitted on 3/15/2017. (Attachments: # (1) Memorandum in Support, # (2) Notice of Submission, # (3) Proposed Order)(Wang, Ivy) Modified text on 1/17/2017 (mmv). 1 Memorandum in Support View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Proposed Order View on PACER	Jan. 17, 2017	PACER
69	Request/Statement of Oral Argument by All Plaintiffs regarding [68] MOTION to Certify Class (Wang, Ivy)	Jan. 17, 2017	PACER
70	EXPARTE/CONSENT MOTION for Extension of Time to Answer re [67] Amended Complaint by Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Dittmer, Edward) Modified text/added linkage on 1/26/2017 (mmv). 1 Proposed Order View on PACER	Jan. 26, 2017	PACER
71	Correction of Docket Entry by Clerk re [70] MOTION for Extension of Time to Answer . Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 67. (mmv)	Jan. 26, 2017	PACER
72	ORDER GRANTING [70] Motion for Extension of Time to Answer re [67] Amended Complaint as to Robert J. Black answer due 2/6/2017; Bogalusa City Court answer due 2/6/2017. Signed by Judge Ivan L.R. Lemelle on 1/27/2017.(mmv)	Jan. 27, 2017	PACER
73	ANSWER to [67] Amended Complaint by Robert J. Black, Bogalusa City Court.(Dittmer, Edward)	Feb. 6, 2017	PACER
74	EXPARTE/CONSENT Joint MOTION to Extend Enforcement of the Parties' Stipulations by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 2/9/2017 (mmv). 1 Proposed Order View on PACER	Feb. 8, 2017	PACER
75	Correction of Docket Entry by Clerk re [74] MOTION to Extend Enforcement of the Parties' Stipulations . Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s). (mmv)	Feb. 9, 2017	PACER
76	ORDER GRANTING [74] Joint Motion to Extend Enforcement of the Parties Stipulations. The parties' [36] joint stipulations, which this Court previously adopted and extended (Rec. Docs. [39], [46], [48], [58]), shall remain in effect and be fully enforceable until March 6, 2017. Signed by Judge Ivan L.R. Lemelle on 2/10/2017. (mmv)	Feb. 13, 2017	PACER
77	Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 2/23/2017. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. The settlement conference will be reconvened on March 15, 2017 at 1:00 p.m. (bwn)	Feb. 23, 2017	PACER
78	EXPARTE/CONSENT Joint MOTION to Continue Submission Date re rec. doc. 68 by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 3/6/2017 (mmv). 1 Proposed Order View on PACER	March 3, 2017	PACER
79	EXPARTE/CONSENT Joint MOTION to Extend Enforcement of the Parties' Stipulations and Adopt and Enforce a Modified Stipulation by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 3/6/2017 (mmv). 1 Proposed Order View on PACER	March 3, 2017	PACER
80	Correction of Docket Entry by Clerk re [78] Joint MOTION to Continue Submission Date by the Parties. Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk addedfiler(s). (mmv)	March 6, 2017	PACER
81	Correction of Docket Entry by Clerk re [79] Joint MOTION to Extend Enforcement of the Parties' Stipulations and Adopt and Enforce a Modified Stipulation by the Parties. Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s). (mmv)	March 6, 2017	PACER
82	ORDER RESCHEDULING SETTLEMENT CONFERENCE for 4/7/2017 at 10:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)	March 7, 2017	PACER
83	ORDER: IT IS ORDERED that the [78] motion is GRANTED. The submission date for Plaintiffs' [68] Renewed Motion for Class Certification is hereby CONTINUED to May 10, 2017. Signed by Judge Ivan L.R. Lemelle on 3/6/2017.(mmv)	March 7, 2017	PACER
84	ORDER: IT IS ORDERED that the [79] motion is GRANTED. The parties' [36] joint stipulations, except with regard to the City's assessment, collection, and control of 13:1899 costs and contempt fees shall remain in effect and be fully enforceable until April 21, 2017. Signed by Judge Ivan L.R. Lemelle on 3/6/2017. (mmv)	March 7, 2017	PACER
85	ORDER CANCELLING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Michael North.(bwn)	April 10, 2017	PACER
86	RESPONSE/MEMORANDUM in Opposition filed by Robert J. Black re [68] Renewed MOTION for Class Certification . (Attachments: # (1) Affidavit Tonia Deleon)(Dittmer, Edward) Modified text on 5/4/2017 (jls). 1 Affidavit Tonia Deleon View on PACER	May 1, 2017	RECAP
87	ORDER regarding [69] Request/Statement of Oral Argument. IT IS ORDERED that the request is DENIED subject to further Court Order. At this time, the Court will consider Plaintiffs' Renewed Motion for Class Certification (Rec. Doc. 68) on the parties' briefings. If it later appears to the Court that oral argument would be helpful, it will be ordered. Signed by Judge Ivan L.R. Lemelle on 5/2/2017.(cg)	May 2, 2017	PACER
88	EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Renewed Motion for Class Certification (Doc No 68) by Richard Bolgiano, Benny Graham, James Lorio, Bradley Moses, Marisa Pam. (Attachments: # (1) Exhibit 1 - Proposed Reply Brief, # (2) Exhibit 2 - Proposed Order)(Brooke, Samuel) Modified text on 5/9/2017 (jls). 1 Exhibit 1 - Proposed Reply Brief View on RECAP 2 Exhibit 2 - Proposed Order View on PACER	May 8, 2017	PACER
89	ORDER GRANTING [88] Motion for Leave to File Reply in Support of Plaintiffs' Renewed Motion for Class Certification. Signed by Judge Ivan L.R. Lemelle on 5/9/2017. (mmv)	May 9, 2017	PACER
90	Reply filed by All Plaintiffs, in Support of [68] Renewed MOTION for Class Certification . (mmv)	May 9, 2017	PACER
91	EXPARTE/CONSENT Joint MOTION to Retain Limited Jurisdiction to Enforce the Settlement Agreement, and MOTION to Dismiss the Fifth Claim for Relief Pursuant to Rule 41(a)(1)(A)(ii) by Robert J. Black, Bogalusa City Court, and, by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Exhibit 1 - Stipulated Settlement Agreement Related to Fifth Claim for Relief, # (2) Proposed Order)(Wang, Ivy) Modified text/filers on 6/5/2017 (jls). 1 Exhibit 1 - Stipulated Settlement Agreement Related to Fifth Claim for Relief View on PACER 2 Proposed Order View on PACER	June 2, 2017	PACER
92	Correction of Docket Entry by Clerk re [91] MOTION Retain Jurisdiction to Enforce Agreed-Upon Settlement Agreement MOTION to Dismiss Fifth Claim MOTION to Dismiss Party. 1) Filing attorney selected three reliefs for a two-relief motion. Clerk took corrective action by removing the relief Motion to Dismiss Party. 2)Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (jls)	June 5, 2017	PACER
93	EXPARTE/CONSENT MOTION for Entry of Stipulation and Order for the Production and Exchange of Confidential Information by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Early, Emily) Modified text on 6/7/2017 (jls). 1 Proposed Order View on PACER	June 6, 2017	PACER
94	ORDER GRANTING [69] Request/Statement of Oral Argument regarding [68] MOTION to Certify Class. IT IS ORDERED that the Court will hear oral arguments in open court on Wednesday, June 21, 2017 at 9:00 a.m. Signed by Judge Ivan L.R. Lemelle on 6/6/2017.(mmv)	June 7, 2017	PACER
95	ORDER: IT IS ORDERED that the [91] motion is GRANTED. Pursuant to the agreement of the parties. IT IS FURTHER ORDERED that the fifth claim for relief in the first amended complaint (see Rec. Doc. 67 at 39-40) is hereby DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); IT IS FURTHER ORDERED that Defendant Bogalusa City Court is hereby DISMISSED, because there are no remaining claims related to that Defendant; IT IS FURTHER ORDERED that this Court retains jurisdiction to enforce the settlement agreement entered into by the parties (see Rec. Doc. 91-1) for a reasonable period of time. Signed by Judge Ivan L.R. Lemelle on 6/6/2017. (mmv)	June 7, 2017	PACER
96	Correction of Docket Entry by Clerk re [93] MOTION for Protective Order. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (jls)	June 7, 2017	PACER
97	EXPARTE/CONSENT Second MOTION for Protective Order for the Production and Exchange of Confidential Information by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order with changes tracked, # (2) Proposed Order with changes accepted)(Brooke, Samuel) Modified text on 6/12/2017 (jls). 1 Proposed Order with changes tracked View on PACER 2 Proposed Order with changes accepted View on PACER	June 9, 2017	PACER

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: June 21, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who will appear in the Bogalusa City Court for criminal cases or who have unpaid fines and costs assessed by and owed to the City Court, who were or will be adjudicated guilty in the Bogalusa City Court, who have been or will be given a future date by which to return to City Court, and who have not paid the assessed fines and costs in full prior to returning to City Court, and/or have paid an extension fee between June 22, 2015 and the present.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Bogalusa City Court (Bogalusa), City

Defendant Type(s):

Jurisdiction-wide