LITTLE V. FREDERICK | Civil Rights Litigation Clearinghouse

Case: Little v. Frederick

6:17-cv-00724 | U.S. District Court for the Western District of Louisiana

Filed Date: June 5, 2017

Case Ongoing

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Case Summary

On June 5, 2017, a male Louisiana detainee filed this class-action lawsuit in the U.S. District Court for the Western District of Louisiana. He had been arrested and detained after being charged with felony theft and was unable to post the $375 bond to a for-profit bonding agent to clear his $3000 bail. The plaintiff sued the Sheriff, County Commissioner, and Chief Judge for the 15th Judicial District of Louisiana under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Represented by Civil Rights Corps, MacArthur Justice Center, and Loyola University School of Law, the plaintiff sought to represent a class of all arrestees who were or would be detained in that state district--which covered Acadia, Lafayette, and Vermillon Parishes--for any amount of time after an arrest because they were unable to pay money bail. He claimed that the district scheme of setting bail amounts without further inquiry into a person's ability to pay violated his Due Process and Equal Protection rights under the Fourteenth Amendment. He sought an injunction, declaratory relief, and attorney's fees and costs.

This case was referred to Magistrate Judge Patrick Hanna and Judge Robert G. James. Judge James recused himself and the case was reassigned to Judge Elizabeth E. Foote.

The defendants filed motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted. They also argued that the claim was moot because the plaintiff was no longer in jail. On July 20, the case was stayed as the parties engaged in settlement talks under Judge Hanna's orders. After several months of unsuccessful settlement talks, the stay was lifted even though settlement discussions continued. The defendants claimed there was nothing to settle and the plaintiff claimed irreparable harm was ongoing.

On December 6, 2017, Judge Hanna filed a Report and Recommendation in response to the Commissioner's motion to dismiss. The report recommended that the motion should be granted with respect to plaintiff's equal protection claims and due process claims against the County Judge. The Judge also recommended that the motion be denied to the extent that it requested dismissal of due process claims against the Commissioner.

On December 11, 2017, Judge Hanna filed a second Report and Recommendation in response to the Sheriff's motion to dismiss. The report recommended the motion be denied with respect to subject matter jurisdiction claims because the claim was not moot and Younger abstention did not apply. However, the plaintiff had requested relief that could not be granted, and so Judge Hanna recommended dismissal. The plaintiff objected to both of these reports and sought oral argument before Judge Foote. On January 12, 2018, Judge Foote granted a hearing.

On February 14, 2018, the plaintiff and an intervenor filed a motion to intervene or to consolidate the case with the intervenor's individual case, 6:18-cv-00159, with this case. On February 26, the plaintiff filed a motion to amend the complaint with opposition, which was granted later by Judge Foote.

Judge Foote adopted partially the second Report and Recommendations and denied the Sheriff’s motion to dismiss for lack of jurisdiction on March 6, 2018. 2018 WL 1188077. On March 8, Judge Hanna denied the plaintiff’s motion to certify class without prejudice. 2018 WL 1221119.

On March 9, the plaintiff filed the first supplemental class-action complaint to allege material facts that have arisen since the original complaint on June 5, 2017. Specifically, the Sheriff revised his policies and procedures governing the Sheriff’s Tracking Offender Program (S.T.O.P), which determines a detainee’s eligibility for these programs. On March 27, the defendant filed a motion to dismiss the supplemental complaint and original complaint for failure to state a claim.

Discovery then followed. On April 12, Judge Foote granted the plaintiff’s motion to intervene and denied the motion to consolidate cases. On June 28, 2018, the defendant filed a motion for sanction regarding the plaintiff’s supplemental complaint.

On August 28, 2018, Judge Hanna filed a Report and Recommendations. She recommended that the Sheriff’s motion to dismiss filed on March 27 should be granted in part and denied in part, and that the re-urged first motion to dismiss the original complaint should be granted. 2018 WL 6036911. The next day, Judge Hanna filed an additional Report and Recommendations, recommending that the motion for sanctions be denied. 2018 WL 6028683.

On October 26, 2018, the plaintiffs filed a motion for partial summary judgment against the Sheriff but later withdrew this motion. On the same day, the defendants also filed a motion for summary judgment to dismiss the plaintiffs’ claims. The plaintiffs filed a motion for partial summary judgment again on October 30.

On November 9, this case was reassigned to Judge Terry A. Doughty. On November 14, Judge Doughty adopted the Report and Recommendation of Judge Hanna, granting the motion to dismiss the supplemental complaint and original complaint pursuant to FRCP 12(b)(6). The plaintiffs’ claims against the Sheriff were dismissed without prejudice. 2018 WL 5993879. Furthermore, Judge Doughty adopted the second Report and Recommendation and denied the motion for sanctions. 2018 WL 5987022.

On December 3, 2018, Judge Doughty denied both the plaintiffs’ and defendants’ motions for summary judgment and the parties were required to file pre-trial memoranda. 2018 WL 6314730.

Bench trial was held on August 6, 2019 and the parties were asked to file post-trial briefs. The plaintiffs filed their brief on September 20 and the defendants filed their brief on December 3. The case is ongoing.

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Summary Authors

Chelsea Rinnig (1/19/2018)

Sichun Liu (1/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6169890/parties/little-v-frederick/

Judge(s)

Doughty, Terry Alvin None (Louisiana)

Foote, Elizabeth Erny (Louisiana)

Hanna, Patrick J. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Dharia, Premal T. (District of Columbia)

Foley, Eric Andrew (Louisiana)

Gerstein, Charles L. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Quigley, William Patrick (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Judge(s)

Doughty, Terry Alvin None (Louisiana)

Foote, Elizabeth Erny (Louisiana)

Hanna, Patrick J. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Dharia, Premal T. (District of Columbia)

Foley, Eric Andrew (Louisiana)

Gerstein, Charles L. (District of Columbia)

Halperin, Eric I. (District of Columbia)

Quigley, William Patrick (Louisiana)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Castaing, Andre' Charles (Louisiana)

Evans, James Garrison (Louisiana)

Fontenot, Cearley W. (Louisiana)

McIntire, Patrick Bayard (Louisiana)

Oats, Stephen J. (Louisiana)

Sanders, David Glen (Louisiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
6:17-cv-00724	Docket [PACER]	Dec. 23, 2019	Dec. 23, 2019 Docket
1 6:17-cv-00724	Class Action Complaint	June 5, 2017	June 5, 2017 Complaint
58 6:17-cv-00724	Report and Recommendation	Dec. 6, 2017	Dec. 6, 2017 Magistrate Report/Recommendation
59 6:17-cv-00724	Report and Recommendation	Dec. 11, 2017	Dec. 11, 2017 Magistrate Report/Recommendation
81 6:17-cv-00724	Memorandum Ruling	March 8, 2018	March 8, 2018 Order/Opinion
83 6:17-cv-00724	First Supplemental Class Action Complaint	March 9, 2018	March 9, 2018 Complaint
122 6:17-cv-00724	Report and Recommendation	Aug. 28, 2018	Aug. 28, 2018 Order/Opinion
123 6:17-cv-00724	Report and Recommendation	Aug. 29, 2018	Aug. 29, 2018 Order/Opinion
155 6:17-cv-00724	Ruling	Dec. 3, 2018	Dec. 3, 2018 Order/Opinion
170 6:17-cv-00724	Ruling	Jan. 15, 2019	Jan. 15, 2019 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Lafayette Parish, LA: Bail Civil Rights Corps	In June 2017, Civil Rights Corps filed a federal class action lawsuit challenging the unconstitutional money bail system in Lafayette Parish, Louisiana. Our client and named Plaintiff, Edward Little…	June 1, 2018	June 1, 2018 http://www.civilrightscorps.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6169890/little-v-frederick/

Last updated Dec. 24, 2022, 3:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT against Thomas Frederick, Kristian Earles, Mark Garber (Filing fee $400, receipt number 0536-3381249) filed by Edward Little. (Attachments: # 1 Exhibit 15th JDC Bail Schedule)(Attorney Eric A Foley added to party Edward Little(pty:pla))(aty,Foley, Eric) Modified on 6/6/2017 to edit text and reflect civil cover sheet filed separately. (Keller, J) See 2 Civil Cover Sheet. (Entered: 06/05/2017) 1 Exhibit 15th JDC Bail Schedule View on PACER	June 5, 2017	June 5, 2017 Clearinghouse
1	CLASS ACTION COMPLAINT against Thomas Frederick, Kristian Earles, Mark Garber (Filing fee $400, receipt number 0536-3381249) filed by Edward Little. (Attachments: # 1 Exhibit 15th JDC Bail Schedule)(Attorney Eric A Foley added to party Edward Little(pty:pla))(aty,Foley, Eric) Modified on 6/6/2017 to edit text and reflect civil cover sheet filed separately. (Keller, J) See 2 Civil Cover Sheet. (Entered: 06/05/2017) 1 Exhibit 15th JDC Bail Schedule View on PACER	June 5, 2017	June 5, 2017 Clearinghouse
7	SUMMONS ISSUED as to Kristian Earles, Thomas Frederick, Mark Garber (crt,Keller, J) (Entered: 06/06/2017)	June 5, 2017	June 5, 2017 PACER
7	SUMMONS ISSUED as to Kristian Earles, Thomas Frederick, Mark Garber (crt,Keller, J) (Entered: 06/06/2017)	June 5, 2017	June 5, 2017 PACER
	CASE Assigned to Judge Robert G James and Magistrate Judge Patrick J Hanna. Motions referred to Patrick J Hanna. (crt,Keller, J)	June 5, 2017	June 5, 2017 PACER
	CASE Assigned to Judge Robert G James and Magistrate Judge Patrick J Hanna. Motions referred to Patrick J Hanna. (crt,Keller, J)	June 5, 2017	June 5, 2017 PACER
2	CIVIL COVER SHEET re 1 Class Action Complaint by Edward Little. (aty,Foley, Eric) Modified on 6/6/2017 to create link to Complaint. (Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
2	CIVIL COVER SHEET re 1 Class Action Complaint by Edward Little. (aty,Foley, Eric) Modified on 6/6/2017 to create link to Complaint. (Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
3	MOTION to Certify a Class Action by Edward Little. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit Declaration of Charles Gerstein, # 3 Exhibit Declaration of Premal Dharia, # 4 Exhibit Declaration of Katie Schwartzmann, # 5 Exhibit Declaration of Eric Foley)(aty,Foley, Eric) Modified on 6/6/2017 to edit text. (Keller, J) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER 2 Exhibit Declaration of Charles Gerstein View on PACER 3 Exhibit Declaration of Premal Dharia View on PACER 4 Exhibit Declaration of Katie Schwartzmann View on PACER 5 Exhibit Declaration of Eric Foley View on PACER	June 6, 2017	June 6, 2017 PACER
3	MOTION to Certify a Class Action by Edward Little. (Attachments: # 1 Memorandum / Brief, # 2 Exhibit Declaration of Charles Gerstein, # 3 Exhibit Declaration of Premal Dharia, # 4 Exhibit Declaration of Katie Schwartzmann, # 5 Exhibit Declaration of Eric Foley)(aty,Foley, Eric) Modified on 6/6/2017 to edit text. (Keller, J) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER 2 Exhibit Declaration of Charles Gerstein View on PACER 3 Exhibit Declaration of Premal Dharia View on PACER 4 Exhibit Declaration of Katie Schwartzmann View on PACER 5 Exhibit Declaration of Eric Foley View on PACER	June 6, 2017	June 6, 2017 PACER
4	MOTION for Preliminary Injunction by Edward Little. (Attachments: # 1 Memorandum / Brief)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER	June 6, 2017	June 6, 2017 PACER
4	MOTION for Preliminary Injunction by Edward Little. (Attachments: # 1 Memorandum / Brief)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Memorandum / Brief View on PACER	June 6, 2017	June 6, 2017 PACER
5	MOTION for Charles L. Gerstein to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381269) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
5	MOTION for Charles L. Gerstein to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381269) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
6	MOTION for Premal Dharia to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381276) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
6	MOTION for Premal Dharia to Appear Pro Hac Vice on behalf of Edward Little ( Admission fee: $105, receipt number 0536-3381276) by Edward Little. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Proposed order)(aty,Foley, Eric) (Entered: 06/06/2017) 1 Exhibit Certificate of Good Standing View on PACER 2 Proposed order View on PACER	June 6, 2017	June 6, 2017 PACER
8	NOTICE of Motion Setting with oral argument regarding: 3 MOTION to Certify a Class Action . Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
8	NOTICE of Motion Setting with oral argument regarding: 3 MOTION to Certify a Class Action . Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) (Entered: 06/06/2017)	June 6, 2017	June 6, 2017 PACER
	Motions Transferred regarding 4 MOTION for Preliminary Injunction . Motions referred to Robert G James. (crt,Keller, J)	June 6, 2017	June 6, 2017 PACER
	Motions Transferred regarding 4 MOTION for Preliminary Injunction . Motions referred to Robert G James. (crt,Keller, J)	June 6, 2017	June 6, 2017 PACER
9	ORDER granting 5 Motion to Appear Pro Hac Vice for appearance of Charles L Gerstein for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
9	ORDER granting 5 Motion to Appear Pro Hac Vice for appearance of Charles L Gerstein for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
10	ORDER granting 6 Motion to Appear Pro Hac Vice for appearance of Premal T Dharia for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
10	ORDER granting 6 Motion to Appear Pro Hac Vice for appearance of Premal T Dharia for Edward Little. Signed by Magistrate Judge Patrick J Hanna on 6/7/2017. (crt,Alexander, E) (Entered: 06/07/2017)	June 7, 2017	June 7, 2017 PACER
11	ELECTRONIC ORDER OF RECUSAL: Pursuant to 28 U.S.C. section 455, I hereby disqualify myself from the handling of this matter. THEREFORE, IT IS ORDERED that this matter is referred to Chief Judge Dee Drell for reassignment to another judge in accordance with the Court's Standing Order 1.62. Signed by Judge Robert G James on 6/9/2017. (crt,Floyd, J) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
11	ELECTRONIC ORDER OF RECUSAL: Pursuant to 28 U.S.C. section 455, I hereby disqualify myself from the handling of this matter. THEREFORE, IT IS ORDERED that this matter is referred to Chief Judge Dee Drell for reassignment to another judge in accordance with the Court's Standing Order 1.62. Signed by Judge Robert G James on 6/9/2017. (crt,Floyd, J) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
12	ORDER REASSIGNING CASE. Case reassigned to Judge Elizabeth E Foote. Judge Robert G James no longer assigned to case. Signed by Chief Judge Dee D Drell on 6/12/2017. (crt,Keller, J) (Entered: 06/13/2017)	June 12, 2017	June 12, 2017 PACER
12	ORDER REASSIGNING CASE. Case reassigned to Judge Elizabeth E Foote. Judge Robert G James no longer assigned to case. Signed by Chief Judge Dee D Drell on 6/12/2017. (crt,Keller, J) (Entered: 06/13/2017)	June 12, 2017	June 12, 2017 PACER
13	SUMMONS Returned Executed by Edward Little. Thomas Frederick served on 6/13/2017, answer due 7/5/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
13	SUMMONS Returned Executed by Edward Little. Thomas Frederick served on 6/13/2017, answer due 7/5/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
14	SUMMONS Returned Executed by Edward Little. Mark Garber served on 6/12/2017, answer due 7/3/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
14	SUMMONS Returned Executed by Edward Little. Mark Garber served on 6/12/2017, answer due 7/3/2017. (aty,Gerstein, Charles) (Entered: 06/15/2017)	June 15, 2017	June 15, 2017 PACER
15	SUMMONS Returned Unexecuted by Edward Little. Kristian Earles served. (aty,Gerstein, Charles) Modified on 6/20/2017 to remove answer deadline and service executed date. (Crick, S). (Entered: 06/16/2017)	June 16, 2017	June 16, 2017 PACER
15	SUMMONS Returned Unexecuted by Edward Little. Kristian Earles served. (aty,Gerstein, Charles) Modified on 6/20/2017 to remove answer deadline and service executed date. (Crick, S). (Entered: 06/16/2017)	June 16, 2017	June 16, 2017 PACER
	NOTICE of Corrective Action to Charles L Gerstein on behalf of Edward Little regarding 15 Summons Returned Executed. Action taken: Service of Complaint is not considered properly executed; therefore, answer deadline has been terminated and service executed date removed. (crt,Crick, S)	June 16, 2017	June 16, 2017 PACER
	NOTICE of Corrective Action to Charles L Gerstein on behalf of Edward Little regarding 15 Summons Returned Executed. Action taken: Service of Complaint is not considered properly executed; therefore, answer deadline has been terminated and service executed date removed. (crt,Crick, S)	June 16, 2017	June 16, 2017 PACER
16	SUMMONS Returned Executed by Edward Little. (aty,Gerstein, Charles) (Entered: 06/21/2017)	June 21, 2017	June 21, 2017 PACER
16	SUMMONS Returned Executed by Edward Little. (aty,Gerstein, Charles) (Entered: 06/21/2017)	June 21, 2017	June 21, 2017 PACER
17	First MOTION for Extension of Time to File Answer re 1 Complaint, with consent sought but not yet obtained by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Patrick Bayard McIntire added to party Mark Garber(pty:dft))(aty,McIntire, Patrick) (Entered: 06/30/2017) 1 Proposed order View on PACER	June 30, 2017	June 30, 2017 PACER
17	First MOTION for Extension of Time to File Answer re 1 Complaint, with consent sought but not yet obtained by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Patrick Bayard McIntire added to party Mark Garber(pty:dft))(aty,McIntire, Patrick) (Entered: 06/30/2017) 1 Proposed order View on PACER	June 30, 2017	June 30, 2017 PACER
18	MOTION to Dismiss For Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Mark Garber. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McIntire, Patrick) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/03/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 3, 2017	July 3, 2017 PACER
18	MOTION to Dismiss For Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Mark Garber. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McIntire, Patrick) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/03/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 3, 2017	July 3, 2017 PACER
19	NOTICE of Motion Setting with oral argument regarding: 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) Modified on 7/5/2017 to correct Motion date. (Keller, J). (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
19	NOTICE of Motion Setting with oral argument regarding: 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J) Modified on 7/5/2017 to correct Motion date. (Keller, J). (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
20	Unopposed MOTION for Extension of Time to File Responsive Pleadings re 1 Complaint with consent by Kristian Earles, Thomas Frederick. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney David Glen Sanders added to party Kristian Earles(pty:dft), Thomas Frederick(pty:dft))(aty,Sanders, David) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/05/2017) 1 Proposed order View on PACER	July 5, 2017	July 5, 2017 PACER
20	Unopposed MOTION for Extension of Time to File Responsive Pleadings re 1 Complaint with consent by Kristian Earles, Thomas Frederick. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney David Glen Sanders added to party Kristian Earles(pty:dft), Thomas Frederick(pty:dft))(aty,Sanders, David) Modified on 7/5/2017 to edit text. (Keller, J) (Entered: 07/05/2017) 1 Proposed order View on PACER	July 5, 2017	July 5, 2017 PACER
21	ORDER granting 17 Motion for Extension of Time to Answer re 1 Complaint. Mark Garber answer due 7/13/2017. Signed by Magistrate Judge Patrick J Hanna on 7/5/2017. (crt,Alexander, E) Modified on 7/7/2017 to correct motion ruled on. (Alexander, E) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
21	ORDER granting 17 Motion for Extension of Time to Answer re 1 Complaint. Mark Garber answer due 7/13/2017. Signed by Magistrate Judge Patrick J Hanna on 7/5/2017. (crt,Alexander, E) Modified on 7/7/2017 to correct motion ruled on. (Alexander, E) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
	Set/Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J)	July 5, 2017	July 5, 2017 PACER
	Set/Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Keller, J)	July 5, 2017	July 5, 2017 PACER
22	MOTION to Consolidate Briefing and Argument by Edward Little. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) Modified on 7/11/2017 to edit text. (Keller, J) (Entered: 07/10/2017) 1 Proposed order View on PACER	July 10, 2017	July 10, 2017 PACER
22	MOTION to Consolidate Briefing and Argument by Edward Little. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) Modified on 7/11/2017 to edit text. (Keller, J) (Entered: 07/10/2017) 1 Proposed order View on PACER	July 10, 2017	July 10, 2017 PACER
23	RULE 16 CONFERENCE ORDER: Rule 16 Conference set for Thursday, 7/20/2017 11:00 AM by phone before Magistrate Judge Patrick J Hanna. The parties may access the conference by dialing 888-684-8852, access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 7/10/2017. (crt,Alexander, E) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
23	RULE 16 CONFERENCE ORDER: Rule 16 Conference set for Thursday, 7/20/2017 11:00 AM by phone before Magistrate Judge Patrick J Hanna. The parties may access the conference by dialing 888-684-8852, access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 7/10/2017. (crt,Alexander, E) (Entered: 07/10/2017)	July 10, 2017	July 10, 2017 PACER
24	ELECTRONIC ORDER granting 20 Motion for Extension of Time to file responsive pleadings filed by Earles. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
24	ELECTRONIC ORDER granting 20 Motion for Extension of Time to file responsive pleadings filed by Earles. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
25	ELECTRONIC ORDER granting 22 Plaintiff's Motion for Extension of Time to File Response to Rule 12 motions until 8/5/2017. The Court will defer ruling on the request that any motions filed in this matter be heard in the first instance by the District Court until after the Rule 16 conference to be held on July 20, 2017. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
25	ELECTRONIC ORDER granting 22 Plaintiff's Motion for Extension of Time to File Response to Rule 12 motions until 8/5/2017. The Court will defer ruling on the request that any motions filed in this matter be heard in the first instance by the District Court until after the Rule 16 conference to be held on July 20, 2017. Signed by Magistrate Judge Patrick J Hanna on 7/11/2017. (jud,Hanna, Patrick) (Entered: 07/12/2017)	July 12, 2017	July 12, 2017 PACER
	Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Responses due by 8/5/2017 (crt,Alexander, E)	July 12, 2017	July 12, 2017 PACER
	Reset Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. Responses due by 8/5/2017 (crt,Alexander, E)	July 12, 2017	July 12, 2017 PACER
26	MOTION to Dismiss for Lack of Jurisdiction by Kristian Earles, Thomas Frederick. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Sanders, David) (Entered: 07/17/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
26	MOTION to Dismiss for Lack of Jurisdiction by Kristian Earles, Thomas Frederick. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,Sanders, David) (Entered: 07/17/2017) 1 Memorandum / Brief View on PACER 2 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
27	NOTICE of Motion Setting regarding: 26 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Elizabeth E Foote. (crt,Keller, J) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017 PACER
27	NOTICE of Motion Setting regarding: 26 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Elizabeth E Foote. (crt,Keller, J) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017 PACER
28	MOTION for Cearley W. Fontenot to Enroll as Additional Counsel by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Cearley W Fontenot added to party Mark Garber(pty:dft))(aty,Fontenot, Cearley) Modified on 7/17/2017 to edit text. (Keller, J). (Entered: 07/17/2017) 1 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
28	MOTION for Cearley W. Fontenot to Enroll as Additional Counsel by Mark Garber. Motions referred to Patrick J Hanna. (Attachments: # 1 Proposed order)(Attorney Cearley W Fontenot added to party Mark Garber(pty:dft))(aty,Fontenot, Cearley) Modified on 7/17/2017 to edit text. (Keller, J). (Entered: 07/17/2017) 1 Proposed order View on PACER	July 17, 2017	July 17, 2017 PACER
29	AMENDED NOTICE of Motion Setting with oral argument regarding: 26 MOTION to Dismiss for Lack of Jurisdiction. Motions referred to Patrick J Hanna. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Bunting, M) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER
29	AMENDED NOTICE of Motion Setting with oral argument regarding: 26 MOTION to Dismiss for Lack of Jurisdiction. Motions referred to Patrick J Hanna. Motion day set for 8/24/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Bunting, M) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER
30	ORDER granting 28 Motion to Enroll as Counsel. Signed by Magistrate Judge Patrick J Hanna on 7/19/2017. (crt,Alexander, E) (Entered: 07/19/2017)	July 19, 2017	July 19, 2017 PACER
30	ORDER granting 28 Motion to Enroll as Counsel. Signed by Magistrate Judge Patrick J Hanna on 7/19/2017. (crt,Alexander, E) (Entered: 07/19/2017)	July 19, 2017	July 19, 2017 PACER
31	RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/20/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
31	RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/20/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/20/2017)	July 20, 2017	July 20, 2017 PACER
34	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 7/20/2017. Following discussion, it was decided that a settlement conference will be held on 8/2/2017 at 10:00 a.m. in chambers before Magistrate Judge Hanna. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 20, 2017	July 20, 2017 PACER
34	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 7/20/2017. Following discussion, it was decided that a settlement conference will be held on 8/2/2017 at 10:00 a.m. in chambers before Magistrate Judge Hanna. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 20, 2017	July 20, 2017 PACER
32	Corrected RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/21/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
32	Corrected RULE 26(f) Report by Edward Little, Mark Garber, Thomas Frederick, and Kristian Earles. (aty,Gerstein, Charles) Modified on 7/21/2017 to edit text and capture all filers. (Keller, J) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
33	MEMORANDUM in Opposition re 4 MOTION for Preliminary Injunction filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
33	MEMORANDUM in Opposition re 4 MOTION for Preliminary Injunction filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
35	ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 8/2/2017 10:00 AM in Chambers before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
35	ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 8/2/2017 10:00 AM in Chambers before Magistrate Judge Patrick J Hanna. Signed by Magistrate Judge Patrick J Hanna on 7/21/2017. (crt,Alexander, E) (Entered: 07/21/2017)	July 21, 2017	July 21, 2017 PACER
36	MEMORANDUM in Opposition re 3 MOTION to Certify a Class Action filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
36	MEMORANDUM in Opposition re 3 MOTION to Certify a Class Action filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
37	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Edward Little. (aty,Gerstein, Charles) Modified on 7/31/2017 to reflect Certificate of Service filed as a separate entry. (Keller, J) See doc 38 Certificate of Service. (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
37	REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Edward Little. (aty,Gerstein, Charles) Modified on 7/31/2017 to reflect Certificate of Service filed as a separate entry. (Keller, J) See doc 38 Certificate of Service. (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
38	CERTIFICATE OF SERVICE by Edward Little re 37 Reply to Response to Motion for a preliminary injunction (aty,Gerstein, Charles) (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
38	CERTIFICATE OF SERVICE by Edward Little re 37 Reply to Response to Motion for a preliminary injunction (aty,Gerstein, Charles) (Entered: 07/31/2017)	July 31, 2017	July 31, 2017 PACER
39	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SETTLEMENT CONFERENCE held on 8/2/2017. The settlement conference is in recess. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
39	MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: SETTLEMENT CONFERENCE held on 8/2/2017. The settlement conference is in recess. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
40	ORDER FROM SETTLEMENT CONFERENCE. IT IS ORDERED that the parties deadlines for filing any pleadings are suspended until further order of this Court and that the parties shall stand down from pursuing the litigation save and except for efforts to amicably resolve the case pending further order of the Court. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
40	ORDER FROM SETTLEMENT CONFERENCE. IT IS ORDERED that the parties deadlines for filing any pleadings are suspended until further order of this Court and that the parties shall stand down from pursuing the litigation save and except for efforts to amicably resolve the case pending further order of the Court. Signed by Magistrate Judge Patrick J Hanna on 8/2/2017. (crt,Alexander, E) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
41	MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 08/15/2017) 1 Proposed order View on PACER	Aug. 15, 2017	Aug. 15, 2017 PACER
41	MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 08/15/2017) 1 Proposed order View on PACER	Aug. 15, 2017	Aug. 15, 2017 PACER
42	ELECTRONIC ORDER re 41 MOTION to Lift Stay filed by Edward Little. IT IS ORDERED that the motion to lift stay (Rec. Doc. 41) is DENIED. Signed by Magistrate Judge Patrick J Hanna on 8/16/2017. (crt,Nations, Sue) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
42	ELECTRONIC ORDER re 41 MOTION to Lift Stay filed by Edward Little. IT IS ORDERED that the motion to lift stay (Rec. Doc. 41) is DENIED. Signed by Magistrate Judge Patrick J Hanna on 8/16/2017. (crt,Nations, Sue) (Entered: 08/16/2017)	Aug. 16, 2017	Aug. 16, 2017 PACER
43	Unopposed MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 09/13/2017) 1 Proposed order View on PACER	Sept. 13, 2017	Sept. 13, 2017 PACER
43	Unopposed MOTION to Lift Stay by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order)(aty,Gerstein, Charles) (Entered: 09/13/2017) 1 Proposed order View on PACER	Sept. 13, 2017	Sept. 13, 2017 PACER
44	ELECTRONIC ORDER deferring ruling on 43 Motion to Lift Stay. Counsel are to contact the chambers of the undersigned within 10 days to schedule a Rule 16 conference by telephone. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (jud,Hanna, Patrick) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
44	ELECTRONIC ORDER deferring ruling on 43 Motion to Lift Stay. Counsel are to contact the chambers of the undersigned within 10 days to schedule a Rule 16 conference by telephone. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (jud,Hanna, Patrick) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
45	ELECTRONIC ORDER: IT IS ORDERED that a telephone status conference is set for 9/15/2017 at 02:30 PM before Magistrate Judge Patrick J Hanna. Counsel shall call in to the conference by dialing 888-684-8852 and using access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017.(crt,Richoux, E) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
45	ELECTRONIC ORDER: IT IS ORDERED that a telephone status conference is set for 9/15/2017 at 02:30 PM before Magistrate Judge Patrick J Hanna. Counsel shall call in to the conference by dialing 888-684-8852 and using access code 5910394. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017.(crt,Richoux, E) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER

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Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 5, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

One male plaintiff seeking to represent a class of all arrestees who are or will be detained for any amount of time after an arrest because they are unable to pay money bail amount required for release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

15th Judicial District Court of Louisiana (Lafayette), Regional

15th Judicial District Court of Louisiana (Acadia), Regional