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

Clearinghouse coding complete

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, M…

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.

Summary Authors

Chelsea Rinnig (1/19/2018)

Sichun Liu (1/18/2020)

People

For PACER's information on parties and their attorneys, 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)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 23, 2019 Docket
1

Class Action Complaint

June 5, 2017 Complaint
58

Report and Recommendation

Dec. 6, 2017 Magistrate Report/Recommendation
59

Report and Recommendation

Dec. 11, 2017 Magistrate Report/Recommendation
81

Memorandum Ruling

2018 WL 1221119

March 8, 2018 Order/Opinion
83

First Supplemental Class Action Complaint

March 9, 2018 Complaint
122

Report and Recommendation

2018 WL 6036911

Aug. 28, 2018 Order/Opinion
123

Report and Recommendation

2018 WL 6028683

Aug. 29, 2018 Order/Opinion
155

Ruling

2018 WL 6314730

Dec. 3, 2018 Order/Opinion
170

Ruling

2019 WL 208947

Jan. 15, 2019 Order/Opinion

Resources

Title Description 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 http://www.civilrightscorps.org/...

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/6169890/little-v-frederick/

Last updated May 20, 2022, 4:33 a.m.

ECF Number Description Date Link
7

SUMMONS ISSUED as to Kristian Earles, Thomas Frederick, Mark Garber (crt,Keller, J) (Entered: 06/06/2017)

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 PACER
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

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June 5, 2017 RECAP
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 PACER

Motions Transferred regarding 4 MOTION for Preliminary Injunction . Motions referred to Robert G James. (crt,Keller, J)

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

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2 Proposed order

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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

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2 Proposed order

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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

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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

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2 Exhibit Declaration of Charles Gerstein

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3 Exhibit Declaration of Premal Dharia

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4 Exhibit Declaration of Katie Schwartzmann

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5 Exhibit Declaration of Eric Foley

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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 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 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 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 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 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 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 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 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 PACER
16

SUMMONS Returned Executed by Edward Little. (aty,Gerstein, Charles) (Entered: 06/21/2017)

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

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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

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2 Proposed order

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July 3, 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 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 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

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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 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 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

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July 10, 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 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 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 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

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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 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

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2 Proposed order

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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 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 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 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 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 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 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 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 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 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 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 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 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

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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 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

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Sept. 13, 2017 PACER

Set Deadlines as to 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/25/2017 Replies due by 10/2/2017. Motion day set for 10/19/2017 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Alexander, E)

Sept. 15, 2017 PACER
47

ORDER granting in part and denying in part 22 Motion to Consolidate Briefing and Argument; granting 43 Motion to Lift Stay. IT IS FURTHER ORDERED that the pending motions to dismiss [Rec. Docs. 18 and 26] are SET for oral argument before Magistrate Judge Hanna at 9:30 a.m. on 10/19/2017 in Courtroom 7, United States Courthouse, Lafayette, Louisiana. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (crt,Alexander, E) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
46

MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE STATUS CONFERENCE held on 9/15/2017. The parties indicated that settlement discussions are ongoing, but a settlement has not been reached. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 9/15/2017. (crt,Alexander, E) (Entered: 09/15/2017)

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 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 PACER
50

NOTICE of Deficiency to Charles L Gerstein on behalf of Edward Little regarding 48 Memorandum in Opposition to Motion. Reason: This brief exceeds 25 pages. Please see LR7.8 for specific information regarding length of briefs. (crt,Keller, J) Modified on 9/25/2017 per chambers, deficiency removed. (Keller, J) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
49

REPLY in Support of Motion for Class Certification re 3 MOTION to Certify a Class Action filed by Edward Little. (aty,Gerstein, Charles) Modified on 9/25/2017 to edit text. (Keller, J) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
48

MEMORANDUM in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction, 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Edward Little. (aty,Gerstein, Charles) Modified on 9/25/2017 to reflect deficient status. (Keller, J) Modified on 9/25/2017 to remove deficient status per chambers. (Keller, J) (Entered: 09/25/2017)

Sept. 25, 2017 PACER
52

REPLY to Response to Motion re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
51

DEFICIENT ? SUR-REPLY to Response to Motion re 3 MOTION to Certify a Class Action and 49 REPLY in Support of Motion for Class Certification re 3 filed by Kristian Earles, Thomas Frederick. (aty,Sanders, David) Modified on 10/2/2017 to edit text. (Keller, J) Modified on 10/2/2017 to reflect deficient status. (Keller, J). (Entered: 09/29/2017)

Sept. 29, 2017 PACER
54

REPLY to Response to Motion re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber. (aty,McIntire, Patrick) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
53

NOTICE of Deficiency to David Glen Sanders on behalf of Kristian Earles, Thomas Frederick regarding 51 Reply to Response to Motion. Reason: The Federal Rules of Civil Procedure do not provide for the filing of a sur-reply brief and acceptance of such a brief is discretionary with the judge. Leave of court must be obtained before the filing of a sur-reply brief in this case. (crt,Keller, J) (Entered: 10/02/2017)

Oct. 2, 2017 PACER
56

EXHIBIT LIST. (Attachments: # 1 Court's Exhibit 1)(crt,Alexander, E) (Entered: 10/24/2017)

1 Court's Exhibit 1

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Oct. 19, 2017 PACER
55

MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: MOTION HEARING held on 10/19/2017 re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber and 26 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Frederick, Kristian Earles. For the reasons stated on the record, the motions are TAKEN UNDER ADVISEMENT. A report and recommendation by the Court will follow. (Court Reporter: Cathleen E Marquardt) (crt,Alexander, E) (Entered: 10/24/2017)

Oct. 19, 2017 PACER
57

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for MOTION HEARING held on 10/19/2017 before Magistrate Judge Patrick J Hanna. Court Reporter/Transcriber: Cathleen E Marquardt, Telephone number: (337)593-5223. Total pages: 50. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 12/1/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/8/2018. (crt,Marquardt, C) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
58

REPORT AND RECOMMENDATIONS re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas Frederick, Kristian Earles. Based on the reasons herein, it is recommended that the defendants' motion to dismiss should be granted in part and denied in part. Objections to R&R due by 12/20/2017. Signed by Magistrate Judge Patrick J Hanna on 12/6/2017. (crt,Alexander, E) (Entered: 12/06/2017)

1 Searchable Copy of Opinion

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Dec. 6, 2017 PACER
59

REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber. Based on the reasons herein, it is recommended that Sheriff Garber's motion to dismiss should be granted in part and denied in part. Objections to R&R due by 12/26/2017. Signed by Magistrate Judge Patrick J Hanna on 12/11/2017. (crt,Alexander, E) (Entered: 12/11/2017)

1 Searchable Copy of Opinion

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Dec. 11, 2017 PACER
60

OBJECTION to 58 Report and Recommendations by Edward Little. Response to Objection to R&R due by 1/3/2018 (aty,Foley, Eric) (Entered: 12/20/2017)

Dec. 20, 2017 PACER
61

OBJECTION to 59 Report and Recommendations by Edward Little. Response to Objection to R&R due by 1/4/2018 (aty,Gerstein, Charles) (Entered: 12/21/2017)

Dec. 21, 2017 PACER
62

OBJECTION to 59 Report and Recommendations regarding Sheriff by Mark Garber. Response to Objection to R&R due by 1/5/2018 (aty,McIntire, Patrick) (Entered: 12/22/2017)

Dec. 22, 2017 PACER
63

RESPONSE TO OBJECTION to 58 Report and Recommendation by Thomas Frederick . (aty,Sanders, David) Modified on 1/3/2018 to edit text (Putch, A). (Entered: 01/03/2018)

Jan. 3, 2018 PACER
65

RESPONSE TO OBJECTION to 59 Report and Recommendations regarding the Sheriff by Edward Little. (aty,Gerstein, Charles) (Entered: 01/04/2018)

Jan. 4, 2018 PACER
64

RESPONSE TO OBJECTION to 59 Report and Recommendations regarding Sheriff by Mark Garber. (aty,McIntire, Patrick) (Entered: 01/04/2018)

Jan. 4, 2018 PACER

Motions Transferred regarding 66 UNOPPOSED MOTION for Oral Argument. Motions referred to Judge Elizabeth E Foote. (crt,FinnSld, P)

Jan. 12, 2018 PACER
67

PROPOSED ORDER by Edward Little re 66 Motion for Hearing. (aty,Gerstein, Charles) Modified on 1/16/2018 to edit text(FinnSld, P). (Entered: 01/12/2018)

Jan. 12, 2018 PACER
66

UNOPPOSED MOTION for Oral Argument with consent regarding 58 & 59 Report and Recommendations by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (aty,Gerstein, Charles) Modified on 1/12/2018 to edit text (Putch, A). (Entered: 01/12/2018)

Jan. 12, 2018 PACER
68

ORDER denying 66 Motion for Oral Argument. The Court will inform the parties if it requires oral argument at a later date. Signed by Judge Elizabeth E Foote on 1/17/2018. (crt,Keifer, K) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
69

MOTION to Intervene and MOTION to Consolidate Case with Case Number 18cv159 with opposition by Sheila Ann Murphy. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief, # 3 Proposed Pleading)(Attorney Charles L Gerstein added to party Sheila Ann Murphy(pty:mov))(aty,Gerstein, Charles) Modified on 2/15/2018 to edit text (FinnSld, P). (Entered: 02/14/2018)

1 Proposed order

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2 Memorandum / Brief

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3 Proposed Pleading

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Feb. 14, 2018 PACER
71

MINUTE ENTRY: The Court orders Plaintiff's counsel and counsel for the Sheriff to brief whether Plaintiff's theory that Sheriff Garber may be enjoined as a state actor remains viable under Fifth Circuit's ODonnell ruling. Briefing is due by 2/26/2018. Signed by Judge Elizabeth E Foote on 2/15/2018. (crt,Keifer, K) (Entered: 02/16/2018)

Feb. 15, 2018 PACER
70

NOTICE of Motion Setting with oral argument regarding: 69 MOTION to Intervene and MOTION to Consolidate Case with Case Number 18cv159 with opposition . Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 4/19/2018 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P) (Entered: 02/15/2018)

Feb. 15, 2018 PACER
72

ELECTRONIC MINUTE ENTRY: To clarify Record Document 71 Minute Entry dated 2/15/2018: Briefing is due Monday, February 26, 2018. Signed by Judge Elizabeth E Foote on 2/20/2018. (crt,Keifer, K) (Entered: 02/20/2018)

Feb. 20, 2018 PACER

Motions Transferred regarding 76 MOTION to Amend Complaint. Motion referred to Judge Elizabeth E Foote. (crt,Keifer, K)

Feb. 26, 2018 PACER
76

MOTION to Amend 1 Complaint with opposition by Edward Little. Motions referred to Magistrate Judge Patrick J Hanna. (Attachments: # 1 Proposed pleading, # 2 Proposed order)(aty,Foley, Eric) Modified on 2/27/2018 to edit text and add document relation (FinnSld, P). (Entered: 02/26/2018)

1 Proposed pleading

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2 Proposed order

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Feb. 26, 2018 PACER
75

NOTICE of Supplemental Authority by Edward Little re 60 Objection to Report and Recommendations, 58 REPORT AND RECOMMENDATIONS re 26 MOTION to Dismiss for Lack of Jurisdiction (aty,Foley, Eric) Modified on 2/27/2018 to edit text (FinnSld, P). (Entered: 02/26/2018)

Feb. 26, 2018 PACER
74

SUPPLEMENTAL MEMORANDUM in Opposition re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 59 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber in accordance with the Court's Order 71 for supplemental briefing in light of the Fifth Circuit's Opinion in ODonnell v. Harris Cnty filed by Edward Little. (aty,Foley, Eric) (Entered: 02/26/2018)

Feb. 26, 2018 PACER
73

SUPPLEMENTAL MEMORANDUM in Support re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 59 REPORT AND RECOMMENDATIONS re 18 MOTION to Dismiss For Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Mark Garber as per 71 Minute Entry directing Supplemental Briefing, filed by Mark Garber. (aty,McIntire, Patrick) (Entered: 02/26/2018)

Feb. 26, 2018 PACER
77

NOTICE of Motion Setting with oral argument regarding: 76 MOTION to Amend Complaint. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 4/19/2018 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P) (Entered: 02/27/2018)

Feb. 27, 2018 PACER
78

RESPONSE to Motion re 69 MOTION to Intervene, MOTION to Consolidate Case with Case Number 18cv159, filed by Mark Garber. (aty,McIntire, Patrick) Modified on 3/5/2018 to edit text (FinnSld, P). (Entered: 03/05/2018)

March 5, 2018 PACER
79

ORDER adopting in part 59 Report and Recommendations; denying 18 Motion to Dismiss. Signed by Judge Elizabeth E Foote on 3/6/2018. (crt,FinnSld, P) (Entered: 03/06/2018)

1 Searchable Copy of Opinion

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March 6, 2018 RECAP
81

MEMORANDUM RULING adopting in part and rejecting in part 58 Report and Recommendations; denying 26 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Elizabeth E Foote on 3/8/2018. (crt,Keifer, K) (Entered: 03/08/2018)

1 Searchable Copy of Opinion

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March 8, 2018 RECAP
80

ELECTRONIC ORDER denying 3 Motion to Certify Class without prejudice to re-urge upon final disposition of motions to dismiss. Signed by Magistrate Judge Patrick J Hanna on 3/8/2018. (jud,Hanna, Patrick) (Entered: 03/08/2018)

March 8, 2018 PACER
83

FIRST SUPPLEMENTAL CLASS ACTION COMPLAINT against All Defendants filed by Edward Little.(crt,Keifer, K) (Entered: 03/09/2018)

March 9, 2018 RECAP

Set/Reset Deadlines: Compliance Deadline set for 3/19/2018 re 82 (crt,Keifer, K)

March 9, 2018 PACER
82

ORDER granting 76 Motion to Amend/Correct; denying 4 Motion for Preliminary Injunction. The parties are given until 3/19/2018 to notify the Court whether they believe discovery would be helpful or necessary in reaching the merits of a preliminary injunction motion. Signed by Judge Elizabeth E Foote on 3/9/2018. (crt,Keifer, K) (Entered: 03/09/2018)

March 9, 2018 PACER

NOTICE of Corrective Action regarding 84 Telephone Conference. Action taken: Modified text of entry to reflect filed in wrong case - does not apply to this case. (crt,Alexander, E)

March 14, 2018 PACER
84

FILED IN WRONG CASES - DOES NOT APPLY TO THIS CASE. MINUTES for proceedings held before Magistrate Judge Patrick J Hanna: TELEPHONE CONFERENCE held on 3/14/2018. The purpose of this conference was to discuss L Q T and Zurich's privilege log and surveillance responses that were disclosed pursuant to this Court's 75 Order and W & T and H & P's pending 79 Motion to Continue the Trial Date. A separate order shall be issued. Signed by Magistrate Judge Patrick J Hanna on 3/14/2018. (crt,Alexander, E) Modified on 3/15/2018 to reflect filed in wrong case. (Alexander, E) (Entered: 03/15/2018)

March 14, 2018 PACER
86

RESPONSE to Request for Notice regarding Need for Discovery by Mark Garber re 82 Order on Motion for Preliminary Injunction,, Order on Motion to Amend/Correct, Request for Notice. (aty,McIntire, Patrick) (Entered: 03/19/2018)

March 19, 2018 PACER
85

NOTICE by Edward Little of Response to Court Order for Information Regarding Discovery re 82 Order on Motion for Preliminary Injunction,, Order on Motion to Amend/Correct, (aty,Gerstein, Charles) (Entered: 03/19/2018)

March 19, 2018 PACER
88

MINUTE ENTRY: District Judge Status Conference set for 4/12/2018 at 02:00 PM by phone before Judge Elizabeth E Foote. Signed by Judge Elizabeth E Foote on 3/21/2018. (crt,FinnSld, P) (Entered: 03/22/2018)

March 21, 2018 PACER
87

OBJECTION to Magistrate Judge's 80 Order Denying Motion for Class Certification by Edward Little. Response to Objection to R&R due by 4/4/2018 (aty,Foley, Eric) Modified on 3/21/2018 to add document relation and edit text (FinnSld, P). (Entered: 03/21/2018)

March 21, 2018 PACER
90

NOTICE of Motion Setting with oral argument regarding: 89 MOTION to Dismiss For Failure to State a Claim Supplemental Complaint [Doc. 83] and Re-urged Motion to Dismiss Original Complaint [Doc. 1] MOTION to Dismiss for Lack of Jurisdiction Supplemental Complaint [Doc. 83]. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 5/31/2018 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P) (Entered: 03/27/2018)

March 27, 2018 PACER
89

MOTION to Dismiss For Failure to State a Claim Supplemental Complaint [Doc. 83] and Re-urged Motion to Dismiss Original Complaint [Doc. 1], MOTION to Dismiss for Lack of Jurisdiction Supplemental Complaint [Doc. 83] by Mark Garber. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,McIntire, Patrick) (Entered: 03/27/2018)

1 Memorandum / Brief

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2 Proposed order

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March 27, 2018 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 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

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

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Courts

Disparate Impact

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness