Case: Caliste v. Cantrell

2:17-cv-06197 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 27, 2017, pre-trial detainees at the Orleans Parish Sheriff’s office filed this putative class action lawsuit in the U.S. District Court for the Eastern District of Louisiana under 42 U.S.C. §1983 against the magistrate judge of the Criminal District Court alleging unlawful bail setting practices. Plaintiffs claimed that defendant violated the Fourteenth Amendment Equal Protection Clause by keeping them in jail post-arrest when they could not afford the bail set by defendant. Plaintiffs…

On June 27, 2017, pre-trial detainees at the Orleans Parish Sheriff’s office filed this putative class action lawsuit in the U.S. District Court for the Eastern District of Louisiana under 42 U.S.C. §1983 against the magistrate judge of the Criminal District Court alleging unlawful bail setting practices. Plaintiffs claimed that defendant violated the Fourteenth Amendment Equal Protection Clause by keeping them in jail post-arrest when they could not afford the bail set by defendant. Plaintiffs alleged that defendant’s practice of regularly setting a $2,500 minimum financial condition, without considering arrestees' inability to pay or other non-financial alternatives, violated plaintiffs’ fundamental rights. Plaintiffs further claimed that defendant violated the Fourteenth Amendment Due Process Clause by holding a dual role of determining pre-trial release conditions and managing the court's finances, thereby creating an institutional conflict of interest and depriving plaintiffs of a neutral tribunal. By requiring detainees pay their bail amounts as a commercial surety instead of in cash, plaintiffs allege that defendant enforced a mechanism whereby bail payments generated revenue for the court and directly benefited defendant’s office. Plaintiffs sought declaratory judgement.

The next day, plaintiffs moved to certify their class for all similarly situated detainees who were unable to pay the financial condition imposed by defendant as a requirement for their immediate release.

In July 2017, defendant moved to dismiss plaintiffs' complaint for two reasons. First, the defendant claimed that that putative class members whose criminal proceedings had ended no longer had standing and were therefore unlikely to be injured. Secondly, the defendant claimed that because there were ongoing state court criminal proceedings against named plaintiffs and other class members, a federal proceeding would interfere with the state court’s ability to handle these proceedings.

On August 25, 2017, Judge Eldon E. Fallon denied the defendant's motion to dismiss, reasoning that there were still named and proposed class members with ongoing criminal cases who had ongoing and actual injuries. The court also found that the plaintiffs did not have an adequate opportunity to raise issues of bond policies in the relevant state courts, and so the issue of federal proceedings interfering with state court did not apply.

On November 7, 2017, the defendant again moved to dismiss the case on the grounds that the defendant magistrate judge was not the proper defendant on plaintiffs’ claim of unconstitutionality.

Over the next several months, the parties engaged in settlement talks but did not reach an agreement. The court denied the defendant's second motion to dismiss in December, 2017.

On March 16, 2018, the Court granted plaintiffs' motion for class certification. The class was certified as: "all presumptively innocent arrestees who are now before or will come before Defendant Magistrate Judge of Orleans Parish Criminal District Court for proceedings concerning pretrial release or detention and who are unable to pay the financial condition that Defendant imposes as a requirement for their immediate release." 2018 WL 1365809.

On August 06, 2018, Judge Eldon E. Fallon granted plaintiffs' motion for summary judgment and provided the declaratory relief requested. The Court stated that the defendant's bail procedures had not provided notice of the importance of the issue of the criminal defendant’s ability to pay, and consideration of alternative conditions of release, or application of a legal standard in the determination of the necessity of pretrial detention. Hence, these procedures violated plaintiffs’ procedural due process rights. On August 14, 2018, Judge Fallon issued an order granting summary judgment in favor of the plaintiffs and providing declaratory relief as follows:

(i) in the context of hearings to determine pretrial detention Due Process requires: (a) an inquiry into the arrestee’s ability to pay, including notice of the importance of this issue and the ability to be heard on this issue; (b) consideration of alternative conditions of release, including findings on the record applying the clear and convincing standard and explaining why an arrestee does not qualify for alternative conditions of release; and (c) representative counsel;

(ii) defendant's institutional incentives created a substantial and unconstitutional conflict of interest when he determined their ability to pay bail and set the amount of that bail.

The defendant filed a notice of appeal on August 21, 2018, in the U.S. Court of Appeals for the Fifth Circuit. (Docket No. 18-30954). The defendant appealed only the determination that his setting of bonds that help fund his court violated due process.

On June 13, 2019, Judge Fallon entered an Order governing the protocol that the defendant will use in determining the conditions of pre-trial release for arrestees. The order directed the defendant to consider the need for pre-trial release or detention based on the flight risk and/or danger posed by the arrestee. The defendant must also consider whether there are any nonfinancial conditions of release that would satisfy concerns of public safety and/or future appearances at court. The order also instructed that if a financial condition for release is set and the arrestee cannot meet it, the court must provide clear and convincing evidence that the financial condition is necessary to guard against risks of flight and danger to public safety.

On August 29, 2019, the appeals court affirmed the decision of the district court (Circuit Judges Patrick Higginbotham, Edith Jones, and Gregg Costa). See 937 F.3d 525 (2019). The appeals court concluded that the defendant had a direct and personal interest in maintaining the fiscal health of his court through the generation of bonds fees. The defendant also held a dual role because he generated and appropriated funds for the court through his bail procedures. The appeals court found that the combination of the dual role and personal interest in benefitting from bond fees “may make the magistrate ‘partisan to maintain the high level of contribution’,” thus violating due process.

On September 12, 2019, the defendant filed a motion for rehearing en banc in the appeals court. This motion was denied by the appeals court on October 1, 2019.

This case is now closed.

Summary Authors

Elena Malik (11/17/2017)

Daniele de Oliveira Nunes (10/23/2018)

Aaron Gurley (10/17/2019)

Related Cases

Moran v. Landrum-Johnson, Eastern District of Louisiana (2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6169383/parties/caliste-v-cantrell/


Judge(s)

Costa, Gregg Jeffrey (Texas)

Fallon, Eldon E. (Louisiana)

North, Michael B. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Brustowicz, Celeste (California)

Doubleday, Elizabeth A. (Louisiana)

Duffourc, Mindy Nunez (Louisiana)

Judge(s)

Costa, Gregg Jeffrey (Texas)

Fallon, Eldon E. (Louisiana)

North, Michael B. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Schwartzmann, Katharine Murphy (Louisiana)

Attorneys(s) for Defendant

Brustowicz, Celeste (California)

Doubleday, Elizabeth A. (Louisiana)

Duffourc, Mindy Nunez (Louisiana)

Phayer, Dennis J. (Louisiana)

Tankersley, Christopher Kent (Louisiana)

Documents in the Clearinghouse

Document

2:17-cv-06197

Docket [PACER]

June 13, 2019

June 13, 2019

Docket
1

2:17-cv-06197

Class Action Complaint

June 26, 2017

June 26, 2017

Complaint
12

2:17-cv-06197

Magistrate Judge Harry E. Cantrell's FRCP 21 b(1) Motion to Dismiss

July 17, 2017

July 17, 2017

Pleading / Motion / Brief
25

2:17-cv-06197

Plaintiffs' Memorandum In Opposition to Defendant's Motion to Dismiss

Aug. 15, 2017

Aug. 15, 2017

Pleading / Motion / Brief
44

2:17-cv-06197

Order & Reasons

2017 WL 3686579

Aug. 25, 2017

Aug. 25, 2017

Order/Opinion
66

2:17-cv-06197

Fed.R.Civ.P. 12(b) Defenses, Answer, Affirmative Defenses, and Jury Request In Response to Class Action Complaint

Nov. 7, 2017

Nov. 7, 2017

Pleading / Motion / Brief
99

2:17-cv-06197

Order & Reasons

2018 WL 1365809

March 16, 2018

March 16, 2018

Order/Opinion
131

2:17-cv-06197

Order & Reasons

329 F.Supp.3d 296, 2018 WL 3727768

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion
132

2:17-cv-06197

Declaratory Judgment

Aug. 14, 2018

Aug. 14, 2018

Order/Opinion
158

2:17-cv-06197

Order

June 13, 2019

June 13, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6169383/caliste-v-cantrell/

Last updated June 9, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
4

Summons Issued as to Harry E. Cantrell. (cms) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
3

Correction of Docket Entry by Clerk re 1 Complaint; Filing attorney did not properly format the pdf of the summons and civil cover sheet. The pdf should not have the pink header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (cms) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
2

Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Michael North. (jeg) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
1

COMPLAINT against Harry E. Cantrell, Jr (Filing fee $ 400 receipt number 053L-6227758) filed by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)Attorney Katharine Murphy Schwartzmann added to party Adrian Caliste(pty:pla), Attorney Katharine Murphy Schwartzmann added to party Brian Gisclair(pty:pla).(Schwartzmann, Katharine) (Attachments 1 & 2 replaced on 6/27/2017) (cms). (Entered: 06/27/2017)

1 Summons

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2 Civil Cover Sheet

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June 27, 2017

June 27, 2017

PACER
5

MOTION to Certify Class by Adrian Caliste, Brian Gisclair. Motion(s) will be submitted on 8/23/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Schwartzmann Dec, # 3 Exhibit Foley Dec, # 4 Exhibit Karakatsanis Dec, # 5 Notice of Submission)(Schwartzmann, Katharine) (Entered: 06/28/2017)

1 Memorandum in Support

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2 Exhibit Schwartzmann Dec

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3 Exhibit Foley Dec

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4 Exhibit Karakatsanis Dec

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5 Notice of Submission (Civil Only)

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June 28, 2017

June 28, 2017

PACER
7

NOTICE OF DEFICIENT ProSe DOCUMENT: re 6 Motion to Join. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 7/21/2017. (cms) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
6

**DEFICIENT**MOTION to Join by David Andrew Christenson (Attachments: # 1 Exhibits)(cms) (Entered: 06/30/2017)

1 Exhibits

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June 30, 2017

June 30, 2017

PACER
8

Notice of Related Case(s) by All Plaintiffs of related case(s) 15-cv-4479. (Schwartzmann, Katharine) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
9

SUMMONS Returned Executed; Harry E. Cantrell served on 6/30/2017, answer due 7/21/2017. (Schwartzmann, Katharine) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
10

DEFICIENT MOTION to Dismiss by Harry E. Cantrell. Motion(s) will be submitted on 8/23/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Notice of Submission)Attorney Celeste Brustowicz added to party Harry E. Cantrell(pty:dft).(Brustowicz, Celeste) Modified text on 7/17/2017 (ss). (Entered: 07/14/2017)

1 Memorandum in Support

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2 Exhibit 1

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3 Notice of Submission (Civil Only)

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July 14, 2017

July 14, 2017

PACER
12

MOTION to Dismiss by Harry E. Cantrell. Motion(s) will be submitted on 8/23/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Notice of Submission)(Brustowicz, Celeste) Modified text on 7/18/2017 (ss). (Entered: 07/17/2017)

1 Memorandum in Support

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2 Exhibit

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3 Notice of Submission (Civil Only)

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July 17, 2017

July 17, 2017

PACER
11

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number 053L-6260717) by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Declaration of Alec Karakatsanis, # 3 Proposed Order)(Foley, Eric) Modified on 7/18/2017 (ss). (Entered: 07/17/2017)

1 Exhibit Certificate of Good Standing

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2 Exhibit Declaration of Alec Karakatsanis

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3 Proposed Order

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July 17, 2017

July 17, 2017

PACER
13

ORDER granting 11 Motion to Appear Pro Hac Vice as to Alec George Karakatsanis. Signed by Judge Eldon E. Fallon on 7/18/2017. (cms) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
15

NOTICE OF APPEAL by David Andrew Christenson. (cms) (Entered: 07/21/2017)

July 20, 2017

July 20, 2017

PACER
14

MOTION to Join by David Andrew Christenson Motion(s) will be submitted on 8/23/2017. (Attachments: # 1 Exhibits, # 2 Notice of Submission-Cured Deficiency)(cms) (Entered: 07/21/2017)

1 Exhibits

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2 Notice of Submission-Cured Deficiency

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July 20, 2017

July 20, 2017

PACER
16

RESPONSE/MEMORANDUM in Opposition filed by Harry E. Cantrell re 14 MOTION to Join . (Brustowicz, Celeste) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

RECAP
17

**DEFICIENT**REPLY to Response to Motion re 14 MOTION to Join by David Andrew Christenson. (Attachments: # 1 Exhibits) (cms) (Entered: 08/03/2017)

1 Exhibits

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Aug. 2, 2017

Aug. 2, 2017

PACER
18

NOTICE OF DEFICIENT ProSe DOCUMENT: re 17 Reply to Response to Motion. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 8/24/2017. (cms) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
19

ORDERED that the Court will hear oral argument on Plaintiffs' 5 MOTION to Certify Class, and Defendant's 12 MOTION to Dismiss, on August 23, 2017 at 9:00 a.m. Signed by Judge Eldon E. Fallon on 8/4/2017. (cms) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
21

RESPONSE/MEMORANDUM in Opposition filed by Harry E. Cantrell re 5 MOTION to Certify Class . (Brustowicz, Celeste) Modified text on 8/8/2017 (ss). (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
20

EXPARTE/CONSENT MOTION for Leave to File Reply by David Andrew Christenson. (Attachments: # 1 Proposed Pleading, # 2 Exhibit)(jls) (Entered: 08/07/2017)

1 Proposed Pleading

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2 Exhibit

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Aug. 7, 2017

Aug. 7, 2017

PACER
23

REPLY to Response to Motion re 14 MOTION to Join by David Andrew Christenson. (Attachments: # 1 Exhibit)(cms) (Entered: 08/09/2017)

1 Exhibit

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Aug. 9, 2017

Aug. 9, 2017

PACER
22

ORDER granting 20 Motion for Leave to File Response. Signed by Judge Eldon E. Fallon on 8/8/2017. (cms) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
24

ORDERED that David Andrew Christenson's 14 Motion to Join is hereby DENIED. Signed by Judge Eldon E. Fallon on 8/11/2017. (cms) (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
26

**DEFICIENT** REPLY to Response to Motion filed by All Plaintiffs re 5 MOTION to Certify Class Replying to Defendant's Opposition 21 . (Foley, Eric) Modified text on 8/16/2017 (ss). (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
25

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 12 MOTION to Dismiss . (Foley, Eric) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
27

EXPARTE/CONSENT MOTION for Leave to File Replying to Defendant's Opposition 21 by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Pleading Proposed Reply Memorandum)(Foley, Eric) (Additional attachment(s) added on 8/18/2017: # 2 Proposed Order) (ss). (Entered: 08/17/2017)

1 Proposed Pleading Proposed Reply Memorandum

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2 Proposed Order

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Aug. 17, 2017

Aug. 17, 2017

PACER
28

Correction of Docket Entry by Clerk re 27 MOTION for Leave to File Replying to Defendant's Opposition 21 ***Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion.*** (ss) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
29

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of FRCP 12b(1) Motion to Dismiss by Harry E. Cantrell. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit 1)(Brustowicz, Celeste) (Entered: 08/21/2017)

1 Proposed Order

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2 Proposed Pleading

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3 Exhibit 1

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Aug. 21, 2017

Aug. 21, 2017

PACER
30

EXPARTE/CONSENT MOTION for Leave to File Surresponse to Defendant's Motion to Dismiss by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Pleading Proposed Surresponse to 29, # 2 Proposed Order)(Foley, Eric) (Entered: 08/22/2017)

1 Proposed Pleading Proposed Surresponse to [29]

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2 Proposed Order

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Aug. 22, 2017

Aug. 22, 2017

PACER
42

**DEFICIENT** MOTION for Reconsideration re 24 Order on Motion to Join, by David Andrew Christenson. (Attachments: # 1 Exhibit)(jls) (Entered: 08/25/2017)

1 Exhibit

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Aug. 23, 2017

Aug. 23, 2017

PACER
33

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum of Law by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Pleading Supplemental Memorandum of Law, # 2 Proposed Order)(Foley, Eric) Modified text on 8/24/2017 (ss). (Entered: 08/23/2017)

1 Proposed Pleading Supplemental Memorandum of Law

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2 Proposed Order

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Aug. 23, 2017

Aug. 23, 2017

PACER
32

REPLY to Response to Motion filed by Harry E. Cantrell re 12 MOTION to Dismiss . (Brustowicz, Celeste) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
31

Minute Entry for proceedings held before Judge Eldon E. Fallon: Motion Hearing held on 8/23/2017: re 5 MOTION to Certify Class. After argument Motion continued to be reset; re 12 MOTION to Dismiss Case Pursuant to FRCP 12(b)(1). After argument Motion was taken under submission. Defense Exhibit 1 was offered and admitted. (Court Reporter Mary Thompson.) (Attachments: # 1 Exhibit 1) (mmv) (Entered: 08/23/2017)

1 Exhibit 1

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Aug. 23, 2017

Aug. 23, 2017

PACER
41

Supplemental Memorandum filed by Adrian Caliste, Brian Gisclair, in Opposition to 12 MOTION to Dismiss . (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
40

ORDER GRANTING 33 Motion for Leave to File Supplemental Memorandum in Opposition to Defendants Motion to Dismiss. Signed by Judge Eldon E. Fallon on 8/24/2017. (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
39

Surresponse Memorandum filed by Adrian Caliste, Brian Gisclair, in Opposition to 12 MOTION to Dismiss . (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
38

ORDER GRANTING 30 Motion for Leave to File Surresponse in Opposition to Defendants Motion to Dismiss and to Exceed Page Limit. Signed by Judge Eldon E. Fallon on 8/23/2017. (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
37

REPLY to Response to Motion filed by Harry E. Cantrell re 12 MOTION to Dismiss . (Attachments: # 1 Exhibit 1)(jls) (Entered: 08/24/2017)

1 Exhibit 1

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Aug. 24, 2017

Aug. 24, 2017

PACER
36

ORDER GRANTING 29 Motion for Leave to File Memorandum in Support of FRCP 12(b)(1) Motion to Dismiss and all attached exhibits. Signed by Judge Eldon E. Fallon on 8/23/2017. (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
35

REPLY to Response to Motion filed by Adrian Caliste, Brian Gisclair re 5 MOTION to Certify Class . (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
34

ORDER GRANTING 27 Motion for Leave to File Reply to Defendant's Opposition to Plaintiffs' Motion to Certify a Class Action. Signed by Judge Eldon E. Fallon on 8/23/2017. (jls) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
44

ORDER AND REASONS denying 12 MOTION to Dismiss filed by Defendant Harry E. Cantrell. IT IS FURTHER ORDERED that the parties shall attend a status conference in chambers set for 9/7/2017 at 8:30 a.m. Signed by Judge Eldon E. Fallon on 8/25/2017.(jls) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

RECAP
43

NOTICE OF DEFICIENT ProSe DOCUMENT: re 42 Motion for Reconsideration. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 9/15/2017. (jls) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
45

MOTION for Reconsideration re 24 Order on Motion to Join by David Andrew Christenson. Motion(s) will be submitted on 1/31/2018. (Attachments: # 1 Exhibits, # 2 Notice of Submission) (cms) (Entered: 09/07/2017)

1 Exhibits

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2 Notice of Submission (Civil Only)

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Aug. 31, 2017

Aug. 31, 2017

PACER
46

Minute Entry for proceedings held before Judge Eldon E. Fallon: Status Conference held on 9/7/2017. (cms) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
47

ORDERED that David Andrew Christenson's 45 Motion for Reconsideration is hereby DENIED. Signed by Judge Eldon E. Fallon on 9/8/2017. (cms) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
48

EXPARTE/CONSENT MOTION for Discovery Scheduling Order on Discovery for Class Certification by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Order)(Foley, Eric) Modified referral on 9/15/2017 (cms). (Entered: 09/14/2017)

1 Proposed Order

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Sept. 14, 2017

Sept. 14, 2017

PACER
49

ORDER granting 48 Motion for Discovery and discovery on theissue of class certification shall close on November 14, 2017. Signed by Judge Eldon E. Fallon on 9/18/2017. (cms) (Entered: 09/19/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
50

MOTION to Stay for Notice of Appeal by David Andrew Christenson. Motion(s) will be submitted on 1/31/2018. (Attachments: # 1 Notice of Submission, # 2 Exhibit) (cms) (Entered: 09/25/2017)

1 Notice of Submission (Civil Only)

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2 Exhibit

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Sept. 22, 2017

Sept. 22, 2017

PACER
51

ORDERED that David Andrew Christenson's 50 Motion for Stay for Notice of Appeal is hereby DENIED. Signed by Judge Eldon E. Fallon on 9/26/2017. (cms) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
52

NOTICE OF APPEAL filed by David Andrew Christenson. (cms) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
54

ORDERED that the parties will participate in a telephone status conference on November 6, 2017 at 1:30 p.m. The Court will initiate the call. Signed by Judge Eldon E. Fallon on 10/19/2017. (cms) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
53

USCA Case Number 17-30831 appealed to 5th Circuit Court of Appeals for 15 Notice of Appeal. (cms) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
55

**STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** Request for Subpoenas. 1 subpoenas issued by Adrian Caliste, Brian Gisclair.(Foley, Eric) Modified text on 11/1/2017 (jls). (Main Document 55 replaced on 11/1/2017) (jls). (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
56

Correction of Docket Entry by Clerk re 55 Request for Subpoenas. **Document has been stricken pursuant to Rule 5(d) of the FRCP. Also, please note that a deposition subpoena can be issued by the attorney of record.** (jls) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
61

**DEFICIENT**MOTION for Leave to Appeal in forma pauperis by David Andrew Christenson. (Attachments: # 1 Exhibit)(cms) (Entered: 11/03/2017)

1 Exhibit

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Nov. 2, 2017

Nov. 2, 2017

PACER
60

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 57 MOTION for Extension of Time to Complete Discovery . (Foley, Eric) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
59

Correction of Docket Entry by Clerk re 57 MOTION for Extension of Time to Complete Discovery. Filing attorney selected incorrect submission date. Correct date is 12/6/2017. Clerk took corrective action. (sa) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
58

EXPARTE/CONSENT MOTION to Expedite by Harry E. Cantrell. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Brustowicz, Celeste) (Entered: 11/02/2017)

1 Memorandum in Support

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2 Proposed Order

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Nov. 2, 2017

Nov. 2, 2017

PACER
57

MOTION for Extension of Time to Complete Discovery by Harry E. Cantrell. Motion(s) will be submitted on 12/6/2017. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Brustowicz, Celeste) Modified submission on 11/2/2017 (sa). (Entered: 11/02/2017)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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Nov. 2, 2017

Nov. 2, 2017

PACER
63

MOTION for Leave to Appeal in forma pauperis by David Andrew Christenson. (cms) (Entered: 11/06/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
62

NOTICE OF DEFICIENT ProSe DOCUMENT: re 61 Motion for Leave to Appeal in forma pauperis. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 11/24/2017. (Attachments: # 1 Application) (cms) (Entered: 11/03/2017)

1 Application

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Nov. 3, 2017

Nov. 3, 2017

PACER
67

ORDER granting 63 Motion for Leave to Appeal in forma pauperis. Signed by Judge Eldon E. Fallon on 11/7/2017. (cms) (Entered: 11/08/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
66

ANSWER to 1 Complaint, with Jury Demand by Harry E. Cantrell.(Brustowicz, Celeste) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
65

MOTION to Dismiss for Failure to State a Claim by Harry E. Cantrell. Motion(s) will be submitted on 12/6/2017. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Brustowicz, Celeste) (Entered: 11/07/2017)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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Nov. 7, 2017

Nov. 7, 2017

PACER
64

Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 11/7/2017. IT IS ORDERED that the parties will participate in a telephone status conference on Monday, November 13, 2017 at 1:30 p.m. The Court will initiate the call. (cms) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
68

Minute Order. Proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 11/13/2017. IT IS ORDERED that the Defendant's 57 MOTION for Extension of Time to Complete Discovery is hereby GRANTED, and the deadline for completion of class certification discovery is extended thirty days, from November 14, 217 to December 14, 2017. IT IS FURTHER ORDERED that Defendant's 58 MOTION to Expedite is hereby DISMISSED AS MOOT. (cms) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
69

EXPARTE/CONSENT MOTION Set Settlement Conference by Harry E. Cantrell. Motion(s) referred to Michael North. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Brustowicz, Celeste) (Entered: 11/16/2017)

1 Memorandum in Support

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2 Proposed Order

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Nov. 16, 2017

Nov. 16, 2017

PACER
70

NOTICE by All Plaintiffs of the Status of Discovery on Class Certification. (Foley, Eric) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
71

ORDER,granting 69 MOTION Set Settlement Conference . Settlement Conference set for 11/27/2017 02:00 PM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 11/17/2017.(clc) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
72

ORDER SCHEDULING SETTLEMENT CONFERENCE for 11/27/2017 02:00 PM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 11/21/2017.(clc) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

RECAP
73

Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 11/27/2017. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. Further negotiations will proceed telephonically. (clc) (Entered: 11/28/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
74

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 65 MOTION to Dismiss for Failure to State a Claim . (Foley, Eric) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
75

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Response to Plaintiffs' Opposition to Defendants's Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted by Harry E. Cantrell. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading)(Brustowicz, Celeste) (Entered: 12/04/2017)

1 Memorandum in Support

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2 Proposed Order

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3 Proposed Pleading

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Dec. 4, 2017

Dec. 4, 2017

PACER
79

ORDER of USCA as to 52 Notice of Appeal filed by David Andrew Christenson; ORDERED that the appeal is dismissed for want of prosecution. The appellant failed to timely file a transcript order form and make financial arrangements with the court reporter. (Attachments: # 1 Letter) (cms) (Entered: 12/07/2017)

1 Letter

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Dec. 5, 2017

Dec. 5, 2017

PACER
78

ORDER of USCA as to 15 Notice of Appeal filed by David Andrew Christenson; ORDERED that the appeal is moot and must be dismissed as stated herein by USCA Clerk, 5th Circuit Court. (Attachments: # 1 Letter) (cms) (Entered: 12/07/2017)

1 Letter

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Dec. 5, 2017

Dec. 5, 2017

PACER
77

REPLY to Response to Motion filed by Harry E. Cantrell re 65 MOTION to Dismiss for Failure to State a Claim. (cms) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
76

ORDER granting 75 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 12/6/2017. (cms) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
80

EXPARTE/CONSENT MOTION for Leave to File Surresponse Memorandum in Opposition to Defendant's Motion to Dismiss, rec. doc. 65 by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Foley, Eric) Modified text on 12/12/2017 (jls). (Entered: 12/11/2017)

1 Proposed Pleading

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2 Proposed Order

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Dec. 11, 2017

Dec. 11, 2017

PACER
82

ORDERED that Plaintiffs' 80 Motion for Leave to File is DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 12/12/2017. (cms) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
81

ORDER & REASONS that the 65 Motion filed by Defendant Harry E. Cantrell is hereby DENIED. Signed by Judge Eldon E. Fallon on 12/11/2017. (cms) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

RECAP
83

ORDER: IT IS ORDERED that the parties will participate in a telephone status conference on January 5, 2018 at 8:30 a.m. The Court will initiate the call. Signed by Judge Eldon E. Fallon on 12/14/2017.(jls) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
84

EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Support of Class Certification by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support of Class Certification, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Foley, Eric) (Entered: 01/04/2018)

1 Proposed Order

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2 Memorandum in Support of Class Certification

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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Jan. 4, 2018

Jan. 4, 2018

PACER
85

Minute Entry for proceedings held before Judge Eldon E. Fallon: Status Conference held on 1/5/2018. (cms) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
87

Supplemental Memorandum filed by Adrian Caliste, Brian Gisclair, in Support of 5 MOTION to Certify Class . (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)(cms) (Entered: 01/09/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Jan. 8, 2018

Jan. 8, 2018

PACER
86

ORDER granting 84 Motion for Leave to File Supplemental Memorandum. Signed by Judge Eldon E. Fallon on 1/8/2018. (cms) (Entered: 01/09/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
88

ORDER RECONVENING SETTLEMENT CONFERENCE for 1/24/2018 02:00 PM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North on 1/9/2018.(clc) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
89

Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 1/24/2018. Negotiations were productive but unfortunately no resolution of Plaintiffs claims could be achieved at this time. Further negotiations will proceed telephonically. (clc) (Entered: 01/25/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
90

**DEFICIENT**NOTICE by All Plaintiffs re 87 Supplemental Memorandum, 5 MOTION to Certify Class noticing submission of Motion to Certify Class on 2/28/18 at 9 a.m. (Foley, Eric) Modified on 2/6/2018 (cms). (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
91

ORDERED that the parties will participate in a telephone status conference on February 16, 2018 at 8:30 a.m. The Court will initiate the call. Signed by Judge Eldon E. Fallon on 2/6/2018. (cms) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
92

Minute Entry for proceedings held before Judge Eldon E. Fallon: Telephone Status Conference held on 2/16/2018. (cms) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
93

EXPARTE/CONSENT MOTION to Set Briefing Schedule by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Order)(Foley, Eric) Modified text on 2/20/2018 (mmv). (Entered: 02/19/2018)

1 Proposed Order

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Feb. 19, 2018

Feb. 19, 2018

PACER
94

ORDER granting 93 MOTION to set briefing schedule and the Plaintiffs' 5 MOTION to Certify Class is set for submission on March 14, 2018. Defendant shall submit a memorandum in opposition to Plaintiffs' Motion no later than eight days prior to the submission date. Signed by Judge Eldon E. Fallon on 2/20/2018. (cms) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER
95

RESPONSE/MEMORANDUM in Opposition filed by Harry E. Cantrell re 5 MOTION to Certify Class . (Attachments: # 1 Exhibit)(Phayer, Dennis) (Entered: 03/05/2018)

1 Exhibit

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March 5, 2018

March 5, 2018

RECAP
96

EXPARTE/CONSENT MOTION for Leave to File Reply to Defendant's Memorandum in Opposition to Motion to Certify a Class Action by Adrian Caliste, Brian Gisclair. (Attachments: # 1 Proposed Pleading Reply Memo, # 2 Proposed Order)(Foley, Eric) (Entered: 03/13/2018)

1 Proposed Pleading Reply Memo

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2 Proposed Order

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March 13, 2018

March 13, 2018

PACER
99

ORDER & REASONS that the Plaintiffs' 5 Motion to Certify Class is GRANTED. Signed by Judge Eldon E. Fallon on 3/16/18. (dno) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

RECAP
98

REPLY to Response to Motion filed by Adrian Caliste, Brian Gisclair re 5 MOTION to Certify Class . (clc) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

RECAP
97

ORDER granting 96 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 3/16/2018. (clc) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
100

EXPARTE/CONSENT MOTION Set Status Conference by Harry E. Cantrell. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Phayer, Dennis) (Entered: 03/20/2018)

1 Memorandum in Support

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2 Proposed Order

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March 20, 2018

March 20, 2018

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: June 27, 2017

Closing Date: 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All presumptively innocent arrestees who are now before or who will come before Defendant for proceedings concerning pretrial release or detention and who are unable to pay the financial condition that Defendant imposes as a requirement for their immediate release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

ACLU Affiliates (any)

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Harry E. Cantrell (Orleans), Private Entity/Person

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Conflict of interest

Fines/Fees/Bail/Bond