Case: Cain v. New Orleans

2:15-cv-04479 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 17, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 17, 2015, indigent former criminal defendants filed this putative class action lawsuit in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued the City of New Orleans, the Orleans Parish Criminal District Court (OPCDC), the court’s judges, judicial administrators, and the city’s sheriff department, all under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought declaratory, injunctive, and monetary relief, …

On September 17, 2015, indigent former criminal defendants filed this putative class action lawsuit in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued the City of New Orleans, the Orleans Parish Criminal District Court (OPCDC), the court’s judges, judicial administrators, and the city’s sheriff department, all under 42 U.S.C. § 1983. The plaintiffs, represented by the Civil Rights Corps and private counsel, sought declaratory, injunctive, and monetary relief, claiming violations of the Fourth and Fourteenth Amendments. The plaintiffs alleged that the defendants had a practice of imprisoning individuals who had failed to pay court debts without meaningfully determining whether the individuals had the ability to pay the debt. Moreover, the plaintiffs alleged that the defendants issued unlawful warrants for their arrest and illegally kept them imprisoned.

The defendants moved to dismiss the sheriff from the lawsuit on October 3, 2015, and later on November, 2, 2015, the defendants moved to dismiss several of individual defendants from the lawsuit. The defendants argued three points: first, that there was a lack of jurisdiction to retain the defendants in this lawsuit, second, that the plaintiff did not join indispensable parties to the lawsuit, and third, that the judicial defendants enjoyed qualified immunity. On April 21, 2016, Judge Sarah Vance denied the defendants request to dismiss the defendants on the grounds of lack of jurisdiction and failure to join indispensable parties. 186 F.Supp.3d 536.

On May 3, 2016, Judge Vance granted in part and denied in part the defendants' request to dismiss the judicial defendants on the grounds that they enjoyed absolute and qualified immunity. On May 11, 2016, the court dismissed the judicial administrator along with several other defendants from the lawsuit. However, the court still allowed the plaintiffs to seek declaratory relief. 184 F.Supp.3d 349. The parties began settlement negotiations.

On December 13, 2017, Judge Vance granted partial summary judgment in favor of the plaintiff. The Court found that (1) judges had a policy/practice of failing to conduct any inquiry into plaintiffs’ ability to pay court debts before plaintiffs are imprisoned for non-payment; (2) this failure to inquire violated due process; (3) judges’ control over both fines and fees revenue and ability-to-pay determinations violated due process; and (4) judges faced a substantial conflict of interest when they were determining the ability to pay fines and fees.

On April 24, 2018, the plaintiffs and the Orleans Parish Sheriff reached a compromise about two related civil actions, and so the court ordered partial dismissal without costs and without prejudice to the right to reopen those actions, retaining jurisdiction to enforce that settlement if it was not consummated within 60 days.

On August 2, 2018, Judge Vance granted the plaintiffs’ motion for class certification as all persons who owe or will incur court debts arising from cases adjudicated in OPCDC, with the subclass of all members whose debts are at least partly owed to the OPCDC Judicial Expense Fund. On August 3, 2018, the court filed a declaratory judgment, holding that the Judges’ policy or practice of not inquiring into the ability of the persons falling within the certified class to pay before they are imprisoned for non-payment of court debts was unconstitutional, and that the Judges’ failure to provide a neutral forum for determination of such persons’ ability to pay was also unconstitutional. The court invoked the Fourteenth Amendment, which prohibits a state actor from arresting or detaining a criminal defendant solely for failure to pay a court-imposed debt absent a determination of ability to pay, and which also requires a state court to provide a neutral forum in which to adjudicate ability to pay. 2018 WL 3657447.

On August 21, 2018, the defendants appealed to Fifth Circuit Court of Appeals. The Fifth Circuit affirmed the lower court on August 23, 2019. 937 F.3d 446. The defendants petitioned the Fifth Circuit to rehear the case en banc on September 6, 2019, but the court denied rehearing on September 30. The defendants filed a petition for writ of certiorari in the U.S. Supreme Court on December 20, 2019. Cert was denied on March 3, 2020.

Meanwhile, back in the district court, the plaintiffs moved the court for supplemental relief on February 25, 2019. The plaintiffs argued that a more specific declaratory judgment was appropriate and asked the court to decree it unconstitutional for any Orleans Parish Criminal District Court debtor to be imprisoned for willful nonpayment absent (1) a meaningful inquiry into the debtor’s ability to pay, preceded by notice of the importance of that issue and including an opportunity for the debtor to be heard on it, and (2) a finding that the debtor is able to pay. The defendants filed an opposition motion on March 19. On March 30, 2021, Judge Vance granted the plaintiff's request for more specific declaratory relief.

As of March 29, 2021, this case is ongoing.

Summary Authors

Sean Whetstone (5/25/2018)

Dawn Lui (11/2/2018)

Alex Moody (5/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4270669/parties/cain-v-new-orleans-city/


Judge(s)

Graves, James Earl Jr. (Mississippi)

Haynes, Catharina (Texas)

Ho, James Chiun-Yue (Texas)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Fuad, David P. (California)

Greenbaum, Jon M. (District of Columbia)

Guy, Jonathan P. (District of Columbia)

Hanley, Christine Elizabeth (Washington)

Karakatsanis, Alec (District of Columbia)

Judge(s)

Graves, James Earl Jr. (Mississippi)

Haynes, Catharina (Texas)

Ho, James Chiun-Yue (Texas)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Fuad, David P. (California)

Greenbaum, Jon M. (District of Columbia)

Guy, Jonathan P. (District of Columbia)

Hanley, Christine Elizabeth (Washington)

Karakatsanis, Alec (District of Columbia)

Kelley, Mateya (District of Columbia)

Kwan, Judy (California)

Lellelid, Anna (Louisiana)

Lo, Hsiwen (California)

Lopez, Marco Antonio (California)

Mantoan, Kathryn Grzenczyk (California)

Quigley, William Patrick (Louisiana)

Ratner, Emily Faye (Louisiana)

Ryan, Hallie (District of Columbia)

Attorneys(s) for Defendant

Arcuri, Blake J (Louisiana)

Brustowicz, Celeste (California)

Cunningham, Erika (Louisiana)

Darnell, Michael Charles (Louisiana)

Doubleday, Elizabeth A. (Louisiana)

Duffourc, Mindy Nunez (Louisiana)

Hansell, Churita H. (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

O'Boyle, Inemesit U. (Louisiana)

Phayer, Dennis J. (Louisiana)

Richardson, Timothy R (Louisiana)

Sherman, Matthew Arthur (Louisiana)

Swensek, Adam J. (Louisiana)

Tankersley, Christopher Kent (Louisiana)

Taplin, Cherrell Simms (Louisiana)

Williams, Sharonda R. (Louisiana)

Other Attorney(s)

Andrews, Emily G. (Louisiana)

Carbonette, Madeline S. (Louisiana)

Documents in the Clearinghouse

Document

2:15-cv-04479

Docket [PACER]

Cain v. New Orleans City

March 30, 2020

March 30, 2020

Docket
1

2:15-cv-04479

Class Action Complaint

Cain v. City of New Orleans

Sept. 17, 2015

Sept. 17, 2015

Complaint
7

2:15-cv-04479

First Amended Class Action Complaint

Cain v. City of New Orleans

Sept. 21, 2015

Sept. 21, 2015

Complaint
8

2:15-cv-04479

Motion for Preliminary Injunction

Cain v. City of New Orleans

Sept. 22, 2015

Sept. 22, 2015

Pleading / Motion / Brief
61

2:15-cv-04479

Order

Cain v. City of New Orleans

Nov. 5, 2015

Nov. 5, 2015

Order/Opinion
109

2:15-cv-04479

Order and Reasons

Cain v. City of New Orleans

186 F.Supp.3d 536

April 21, 2016

April 21, 2016

Order/Opinion
111

2:15-cv-04479

Order and Reasons

Cain v. City of New Orleans

184 F.Supp.3d 349

April 22, 2016

April 22, 2016

Order/Opinion
119

2:15-cv-04479

Order and Reasons

Cain v. City of New Orleans

184 F.Supp.3d 379

May 3, 2016

May 3, 2016

Order/Opinion
124

2:15-cv-04479

Order and Reasons

Cain v. City of New Orleans

2016 WL 2753356

May 11, 2016

May 11, 2016

Order/Opinion
123

2:15-cv-04479

Order and Reasons

Cain v. City of New Orleans

2016 WL 2742374

May 11, 2016

May 11, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4270669/cain-v-new-orleans-city/

Last updated Aug. 4, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
3

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alec Karakatsanis (Filing fee $ 100 receipt number 053L-5029300) by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. (Attachments: # 1 ECF Registration, # 2 Certificate of Good Standing, # 3 Certificate of Good Standing, # 4 Proposed Order)(Lellelid-Douffet, Anna) (Attachment 1 replaced on 9/18/2015) (mmm). (Entered: 09/17/2015)

1 ECF Registration

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2 Certificate of Good Standing

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3 Certificate of Good Standing

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4 Proposed Order

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Sept. 17, 2015

Sept. 17, 2015

PACER
2

Initial Case Assignment to Chief Judge Sarah S. Vance and Magistrate Judge Joseph C. Wilkinson, Jr. (djg) (Entered: 09/17/2015)

Sept. 17, 2015

Sept. 17, 2015

PACER
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-5027824) filed by Ashton Brown, Alana Cain, Vanessa Maxwell, Reynaud Variste, Reynajia Variste, Thaddeus Long. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons)Attorney Anna Lise Lellelid-Douffet added to party Ashton Brown(pty:pla), Attorney Anna Lise Lellelid-Douffet added to party Alana Cain(pty:pla), Attorney Anna Lise Lellelid-Douffet added to party Thaddeus Long(pty:pla), Attorney Anna Lise Lellelid-Douffet added to party Vanessa Maxwell(pty:pla), Attorney Anna Lise Lellelid-Douffet added to party Reynajia Variste(pty:pla), Attorney Anna Lise Lellelid-Douffet added to party Reynaud Variste(pty:pla).(Lellelid-Douffet, Anna) (Main Document 1 replaced on 9/18/2015) (mmm). (Entered: 09/17/2015)

1 Civil Cover Sheet

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2 Exhibit

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3 Exhibit

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Summons

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21 Summons

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Sept. 17, 2015

Sept. 17, 2015

RECAP
6

Correction of Docket Entry by Clerk re 3 MOTION to Appear Pro Hac Vice Alec Karakatsanis. Filing attorney did not properly format the pdf. For future filings, the pdf should not have the green header nor the 3 red buttons at the bottom. IMPORTANT: 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.(mmm) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
5

Summons Issued as to Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Marlin N. Gusman, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Arthur A Morrell, New Orleans City, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons)(mmm) (Entered: 09/18/2015)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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Sept. 18, 2015

Sept. 18, 2015

PACER
4

ORDER granting 3 Motion to Appear Pro Hac Vice as to Alec George Karakatsanis.. Signed by Chief Judge Sarah S. Vance on 9/18/15. (jjs) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
7

First AMENDED COMPLAINT with Jury Demand against All Defendants filed by Ashton Brown, Alana Cain, Vanessa Maxwell, Reynaud Variste, Reynajia Variste, Thaddeus Long. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lellelid-Douffet, Anna) (Entered: 09/21/2015)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Sept. 21, 2015

Sept. 21, 2015

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10

ORDER granting 9 Motion for Leave to File a Memorandum in Support of Preliminary Injunction 8 in Excess of the Page Limits. Signed by Chief Judge Sarah S. Vance on 9/22/15. (jjs) (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
9

EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. (Attachments: # 1 Proposed Order)(Lellelid-Douffet, Anna) Modified on 9/22/2015 (mmm). (Entered: 09/22/2015)

1 Proposed Order

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Sept. 22, 2015

Sept. 22, 2015

PACER
8

MOTION for Preliminary Injunction by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. Motion(s) will be submitted on 10/28/2015. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Notice of Submission, # 18 Proposed Order)(Lellelid-Douffet, Anna) (Entered: 09/22/2015)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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12 Exhibit

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16 Exhibit

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17 Notice of Submission (Civil Only)

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18 Proposed Order

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Sept. 22, 2015

Sept. 22, 2015

PACER
11

ORDERED that a status conference will be held 10/20/15 at 2:30 p.m., in the Chambers of United States District Judge Sarah S. Vance, 500 Poydras Street, Room C255, New Orleans, Louisiana. Counsel shall be prepared to discuss with the Court the pending motion 8 for preliminary injunction. Plaintiffs' counsel is ordered to serve defendants and their counsel with a copy of this order.. Signed by Chief Judge Sarah S. Vance on 9/24/15.(jjs) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
12

MOTION to Dismiss for Failure to State a Claim by Marlin N. Gusman. Motion(s) will be submitted on 10/28/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)Attorney Blake J. Arcuri added to party Marlin N. Gusman(pty:dft).(Arcuri, Blake) (Entered: 10/03/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Oct. 3, 2015

Oct. 3, 2015

PACER
30

SUMMONS Returned Executed; Harry E Cantrell served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
29

SUMMONS Returned Executed; Franz Zibilich served on 9/23/2015, answer due 10/14/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
28

SUMMONS Returned Executed; Arthur Hunter served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
27

SUMMONS Returned Executed; Darryl Derbigny served on 10/6/2015, answer due 10/27/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
26

SUMMONS Returned Executed; Karen K. Herman served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
25

SUMMONS Returned Executed; Camille Buras served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
24

SUMMONS Returned Executed; Byron C. Williams served on 9/23/2015, answer due 10/14/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
23

SUMMONS Returned Executed; Robin Pittman served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
22

SUMMONS Returned Executed; Keva Landrum-Johnson served on 9/23/2015, answer due 10/14/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
21

SUMMONS Returned Executed; Benedict Willard served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
20

SUMMONS Returned Executed; Tracey Flemings-Davillier served on 9/23/2015, answer due 10/14/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
19

SUMMONS Returned Executed; Laurie A White served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
18

SUMMONS Returned Executed; Robert J. Kazik served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
17

SUMMONS Returned Executed; Orleans Parish Criminal District Court served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
16

SUMMONS Returned Executed; Dennis Waldron served on 9/23/2015, answer due 10/14/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
15

SUMMONS Returned Executed; Arthur A Morrell served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
14

SUMMONS Returned Executed; Marlin N. Gusman served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
13

SUMMONS Returned Executed; New Orleans City served on 9/22/2015, answer due 10/13/2015. (Lellelid-Douffet, Anna) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
31

EXPARTE/CONSENT MOTION for Extension of Time to Answer by New Orleans City. (Attachments: # 1 Proposed Order)Attorney Adam J. Swensek added to party New Orleans City(pty:dft).(Swensek, Adam) (Entered: 10/13/2015)

1 Proposed Order

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Oct. 13, 2015

Oct. 13, 2015

PACER
32

ORDER granting 31 Motion for Extension of Time to Answer re 7 Amended Complaint, 1 Complaint. Signed by Judge Sarah S. Vance on 10/14/2015. (mmm) (Entered: 10/14/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
34

EXPARTE/CONSENT MOTION for Extension of Time to Answer by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. (Attachments: # 1 Proposed Order)Attorney Elizabeth A. Doubleday added to party Camille Buras(pty:dft), Attorney Elizabeth A. Doubleday added to party Harry E Cantrell(pty:dft), Attorney Elizabeth A. Doubleday added to party Darryl Derbigny(pty:dft), Attorney Elizabeth A. Doubleday added to party Tracey Flemings-Davillier(pty:dft), Attorney Elizabeth A. Doubleday added to party Karen K. Herman(pty:dft), Attorney Elizabeth A. Doubleday added to party Arthur Hunter(pty:dft), Attorney Elizabeth A. Doubleday added to party Robert J. Kazik(pty:dft), Attorney Elizabeth A. Doubleday added to party Keva Landrum-Johnson(pty:dft), Attorney Elizabeth A. Doubleday added to party Orleans Parish Criminal District Court(pty:dft), Attorney Elizabeth A. Doubleday added to party Robin Pittman(pty:dft), Attorney Elizabeth A. Doubleday added to party Dennis Waldron(pty:dft), Attorney Elizabeth A. Doubleday added to party Laurie A White(pty:dft), Attorney Elizabeth A. Doubleday added to party Benedict Willard(pty:dft), Attorney Elizabeth A. Doubleday added to party Byron C. Williams(pty:dft), Attorney Elizabeth A. Doubleday added to party Franz Zibilich(pty:dft).(Doubleday, Elizabeth) (Entered: 10/15/2015)

1 Proposed Order

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Oct. 15, 2015

Oct. 15, 2015

PACER
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ORDER: Status Conference reset for 11/5/2015 10:00 AM before Judge Sarah S. Vance. FURTHER ORDERED that Judge Franz L. Zibilich, as a party to the litigation and as an officer of the Orleans Parish Criminal District Court, may participate in the status conference. FURTHER ORDERED that defendants shall submit any opposition to plaintiffs' Motion for Preliminary Injunction to the Court by Tuesday, October 20, 2015 at 9:00 a.m. Signed by Judge Sarah S. Vance on 10/15/2015.(mmm) (Entered: 10/15/2015)

Oct. 15, 2015

Oct. 15, 2015

PACER
35

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 12 MOTION to Dismiss for Failure to State a Claim . (Lellelid-Douffet, Anna) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
37

ORDER granting 34 Motion for Extension of Time to Answer as to Camille Buras answer due 11/3/2015; Harry E Cantrell answer due 11/3/2015; Darryl Derbigny answer due 11/3/2015; Tracey Flemings-Davillier answer due 11/3/2015; Karen K. Herman answer due 11/3/2015; Arthur Hunter answer due 11/3/2015; Robert J. Kazik answer due 11/3/2015; Keva Landrum-Johnson answer due 11/3/2015; Orleans Parish Criminal District Court answer due 11/3/2015; Robin Pittman answer due 11/3/2015; Dennis Waldron answer due 11/3/2015; Laurie A White answer due 11/3/2015; Benedict Willard answer due 11/3/2015; Byron C. Williams answer due 11/3/2015; Franz Zibilich answer due 11/3/2015.. Signed by Judge Sarah S. Vance on 10/19/15. (jjs) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
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Letter to Judge Vance from Dennis Phayer dated 10/8/15 (jjs) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
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Correction of Docket Entry by Clerk re 39 Response/Memorandum in Opposition to Motion. Filing attorney incorrectly selected "All Defendants" as filer(s), but do not represent New Orleans City, Marlin N. Gusman and Arthur A. Morrell. For future filings, please select appropriate parties. Clerk took corrective action. (mmm) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
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ORDER: IT IS ORDERED that a conference by telephone is set in this matter on OCTOBER 21, 2015 at 2:30 p.m. before Magistrate Judge Joseph C. Wilkinson, Jr. The purpose of the conference is to discuss settlement possibilities. Counsel must participate in the conference by contacting my chambers at 504-589-7630 at the appointed time.Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/20/2015.(my) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
40

RESPONSE/MEMORANDUM in Opposition filed by Marlin N. Gusman re 8 MOTION for Preliminary Injunction . (Arcuri, Blake) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

RECAP
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RESPONSE/MEMORANDUM in Opposition filed by Defendants re 8 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit List Supporting Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Brustowicz, Celeste) Modified on 10/20/2015 (mmm). (Entered: 10/20/2015)

1 Exhibit List Supporting Opposition

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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Oct. 20, 2015

Oct. 20, 2015

RECAP
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RESPONSE/MEMORANDUM in Opposition filed by New Orleans City re 8 MOTION for Preliminary Injunction . (Williams, Sharonda) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

RECAP
44

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 10/21/2015. After discussions, it appears that the parties are close to reaching an agreement that will render further proceedings concerning the pending motion for preliminary injunction,Record Doc. 8, unnecessary. Counsel for the defendant judges will circulate a draft of the proposed agreement to all counsel and to me for review as soon as possible, and further discussions may then occur. Settlement discussions concerning possible resolution of the case as a whole will be deferred at this time pending resolution of the subject matter jurisdictional issue raised by defendants in their October 20, 2015 opposition memorandum, Record Doc. 39, which defense counsel advised will also be the subject of a motion to dismiss that they are in the process of preparing. (my)(NEF:SSV) (Entered: 10/22/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
43

EXPARTE/CONSENT MOTION for Leave to File Reply to Plainitff's Opposition to Motion to Dismiss by Marlin N. Gusman. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply to Plaintiffs' Opposition)(Arcuri, Blake) (Entered: 10/21/2015)

1 Proposed Order

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2 Proposed Pleading Reply to Plaintiffs' Opposition

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Oct. 21, 2015

Oct. 21, 2015

PACER
47

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 10/22/2015. At the request of plaintiffs' counsel, a telephone conference was conducted by me on this date. Participating were: Bill Quigley, Alec Karakatsanis, representing plaintiffs; Adam Swensek, Blake Arcuri, Celeste Brustowicz and Dennis Phayer, representing defendants. Discussions concerning a potential agreement that may render further proceedings on the pending motion for preliminary injunction unnecessary are continuing. Counsel will inform me no later than Wednesday, October 28, 2015, whether an agreement along the lines discussed during the conference may be finalized. (my)(NEF:SSV) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
46

REPLY to Response to Motion filed by Marlin N. Gusman re 12 MOTION to Dismiss for Failure to State a Claim . (jjs) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
45

ORDER granting 43 Motion for Leave to File Reply Memorandum.. Signed by Judge Sarah S. Vance on 10/22/15. (jjs) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
50

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 7 Amended Complaint, by Arthur A Morrell. (Attachments: # 1 Proposed Order Granting Extension of Time)Attorney Michael Charles Darnell added to party Arthur A Morrell(pty:dft).(Darnell, Michael) (Entered: 10/27/2015)

1 Proposed Order Granting Extension of Time

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Oct. 27, 2015

Oct. 27, 2015

PACER

Correction of Docket Entry by Clerk

Oct. 27, 2015

Oct. 27, 2015

PACER

Correction of Docket Entry by Clerk re 49 Order denying Motion for Leave to File Sur-Reply. Correct image attached. NEF resent to all counsel. (jjs)

Oct. 27, 2015

Oct. 27, 2015

PACER
49

ORDER denying 48 Motion for Leave to File Sur-Reply.. Signed by Judge Sarah S. Vance on 10/27/15. (jjs) (Main Document 49 replaced on 10/27/2015) (jjs). (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
48

EXPARTE/CONSENT MOTION for Leave to File Sur Reply in Opposition to Defendant Gusman's Motion to Dismiss by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Lellelid-Douffet, Anna) (Entered: 10/27/2015)

1 Memorandum in Support

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2 Proposed Order

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Oct. 27, 2015

Oct. 27, 2015

PACER
51

ORDER granting 50 Motion for Extension of Time to Answer as to Arthur A Morrell answer due 11/17/2015.. Signed by Judge Sarah S. Vance on 10/28/15. (jjs) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
56

DEFICIENT: Request by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich for (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Doubleday, Elizabeth) Modified on 11/3/2015 (mmm). (Entered: 11/02/2015)

1 Memorandum in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Nov. 2, 2015

Nov. 2, 2015

PACER
55

MOTION for More Definite Statement by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion referred to Mag. (2). Motion(s) will be submitted on 12/9/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Brustowicz, Celeste) Modified on 11/3/2015 (mmm). (Entered: 11/02/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Nov. 2, 2015

Nov. 2, 2015

PACER
54

MOTION to Dismiss on Grounds of Absolute & Qualified Immunity by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 12/9/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1)(Brustowicz, Celeste) (Entered: 11/02/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1

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Nov. 2, 2015

Nov. 2, 2015

PACER
53

MOTION to Dismiss for Failure to Join Required Parties by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 12/9/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1, # 4 Exhibit 2)(Brustowicz, Celeste) (Entered: 11/02/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1

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4 Exhibit 2

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Nov. 2, 2015

Nov. 2, 2015

PACER
52

MOTION to Dismiss for Lack of Jurisdiction by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 12/9/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Brustowicz, Celeste) (Entered: 11/02/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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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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Nov. 2, 2015

Nov. 2, 2015

PACER
59

MOTION Pursuant to Fed.R.Evid. 201 to Take Judicial Notice by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 12/9/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Doubleday, Elizabeth) (Entered: 11/03/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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Nov. 3, 2015

Nov. 3, 2015

PACER
58

MOTION to Dismiss for Failure to State a Claim by New Orleans City. Motion(s) will be submitted on 11/25/2015. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Swensek, Adam) (Entered: 11/03/2015)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Nov. 3, 2015

Nov. 3, 2015

PACER
57

Correction of Docket Entry by Clerk re 55 MOTION for More Definite Statement. This motion will be decided by the magistrate judge. Clerk took corrective action. (mmm) (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
62

SCHEDULING ORDER: Final Pretrial Conference set for 8/4/2016 03:30 PM before Judge Sarah S. Vance. Jury Trial (3 days) set for 8/22/2016 08:30 AM before Judge Sarah S. Vance. All discovery must be completed by 7/5/2016.. Signed by Clerk for Judge Sarah S. Vance. (Attachments: # 1 Pretrial Notice Form)(jjs) (Entered: 11/05/2015)

1 Pretrial Notice Form

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Nov. 5, 2015

Nov. 5, 2015

PACER

Correction of Docket Entry by Clerk

Nov. 5, 2015

Nov. 5, 2015

PACER

Correction of Docket Entry by Clerk re 61 Order on Motion for Preliminary Injunction - Attached corrected image and corrected entry to reflect Preliminary Injunction Motion is dismissed without prejudice. (jjs)

Nov. 5, 2015

Nov. 5, 2015

PACER
61

ORDER - Considering the attached agreement entered into by the parties, IT IS ORDERED that plaintiffs' motion 8 for preliminary injunction is hereby dismissed without prejudice.. Signed by Judge Sarah S. Vance on 11/5/15. (Attachments: # 1 Letter) (jjs) Modified on 11/5/2015 (jjs). (Main Document 61 replaced on 11/5/2015) (jjs). (Entered: 11/05/2015)

1 Letter

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Nov. 5, 2015

Nov. 5, 2015

PACER
60

ORDER - Today, the Court held a status conference in this matter. This status conference has been scheduled since October 15, 2015. Counsel for all parties, except the City of New Orleans, were present. Counsel for the City of New Orleans is admonished that any failure to appear at a previously scheduled conference, hearing, or other proceeding in the future will result in sanctions.. Signed by Judge Sarah S. Vance on 11/5/15.(jjs) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
63

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Emily Faye Ratner by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. (Attachments: # 1 Proposed Order)(Lellelid-Douffet, Anna) (Entered: 11/16/2015)

1 Proposed Order

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Nov. 16, 2015

Nov. 16, 2015

PACER
65

NOTICE of Voluntary Dismissal without prejudice as to Arthur Morrell by All Plaintiffs. (Quigley, William) Modified on 11/18/2015 (mmm). (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
64

ORDER granting 63 Motion to Enroll as Counsel of Record for Attorney Emily Faye Ratner for Ashton Brown,Emily Faye Ratner for Alana Cain,Emily Faye Ratner for Thaddeus Long,Emily Faye Ratner for Vanessa Maxwell,Emily Faye Ratner for Reynajia Variste,Emily Faye Ratner for Reynaud Variste. Signed by Judge Sarah S. Vance on 11/17/15. (jjs) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
73

ORDER denying 71 Request/Statement of Oral Argument, filed by Thaddeus Long, Reynaud Variste, Vanessa Maxwell, Alana Cain, Reynajia Variste, Ashton Brown. The Court is currently reviewing the pleadings. If oral argument is deemed necessary, the parties will be notified accordingly.. Signed by Judge Sarah S. Vance on 12/1/15.(jjs) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
72

ORDER granting 66 Motion for Leave to File Excess Pages. Signed by Judge Sarah S. Vance on 12/1/15. (jjs) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
71

Request/Statement of Oral Argument by All Plaintiffs regarding 53 MOTION to Dismiss for Failure to Join Required Parties, 58 MOTION to Dismiss for Failure to State a Claim, 12 MOTION to Dismiss for Failure to State a Claim, 52 MOTION to Dismiss for Lack of Jurisdiction, 54 MOTION to Dismiss on Grounds of Absolute & Qualified Immunity (Lellelid-Douffet, Anna) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
70

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 53 MOTION to Dismiss for Failure to Join Required Parties, 52 MOTION to Dismiss for Lack of Jurisdiction, 54 MOTION to Dismiss on Grounds of Absolute & Qualified Immunity . (Lellelid-Douffet, Anna) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
69

RESPONSE/MEMORANDUM to Motion filed by All Plaintiffs re 55 MOTION for More Definite Statement . (Lellelid-Douffet, Anna) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
68

RESPONSE/MEMORANDUM to Motion filed by All Plaintiffs re 59 MOTION Pursuant to Fed.R.Evid. 201 to Take Judicial Notice . (Lellelid-Douffet, Anna) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
67

RESPONSE/MEMORANDUM in Opposition filed by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste re 58 MOTION to Dismiss for Failure to State a Claim . (Lellelid-Douffet, Anna) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
66

EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Omnibus Response to Judges' Motion to Dismiss by Ashton Brown, Alana Cain, Thaddeus Long, Vanessa Maxwell, Reynajia Variste, Reynaud Variste. (Attachments: # 1 Proposed Order)(Lellelid-Douffet, Anna) (Entered: 12/01/2015)

1 Proposed Order

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Dec. 1, 2015

Dec. 1, 2015

PACER
74

ORDER AND REASONS regarding 59 Motion to Take Judicial Notice. See document for specific ruling. Signed by Judge Sarah S. Vance on 12/2/15. (jjs) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

RECAP
78

REPLY to Response to Motion filed by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Marlin N. Gusman, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, New Orleans City, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich re 54 MOTION to Dismiss on Grounds of Absolute & Qualified Immunity. (jjs) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
77

ORDER granting 76 Motion for Leave to File Reply Memo.. Signed by Judge Sarah S. Vance on 12/7/15. (jjs) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
76

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Plaintiff's Response to OPCDC Defendants' Motion to Dismiss by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. (Attachments: # 1 Proposed Order, # 2 Reply Memorandum)(Doubleday, Elizabeth) Modified on 12/7/2015 (mmm). (Entered: 12/07/2015)

1 Proposed Order

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2 Reply Memorandum

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Dec. 7, 2015

Dec. 7, 2015

PACER
75

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Plaintiff's Response to Criminal Court Defendants' Motion for More Definite Statement by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Proposed Order, # 2 Reply Memorandum)(Doubleday, Elizabeth) (Entered: 12/07/2015)

1 Proposed Order

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2 Reply Memorandum

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Dec. 7, 2015

Dec. 7, 2015

PACER
80

REPLY to Response to Motion re 55 MOTION for More Definite Statement by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. (my) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
79

ORDER granting 75 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/8/2015. (my) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
81

ORDER DENYING 55 Motion for More Definite Statement. Rule 12(e) permits the court to order plaintiffs to file a more definite statement of their claims if the complaint is so vague or ambiguous that the party cannot reasonably prepare a response. The complaint in this case is not such a pleading because lack of detail prompting a more definite statement is not this complaints problem. The complaint sets out plaintiffs' claims in sufficient detail to permit defendants to respond. Defendants can reasonably be required to prepare an answer or other appropriate response to the complaint. If the pending Rule 12 motions to dismiss relating to these movants are denied, these defendants must answer no later than fourteen (14) days from entry of the court's order denying all pending Rule 12 motions to dismiss relating to these movants. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/9/2015. (my) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

PACER
82

DEFICIENT: Notice of Related Case(s) and Supplemental Authority by All Plaintiffs of related case(s) 3:15-cv-01048. (Attachments: # 1 Exhibit, # 2 Exhibit)(Lellelid-Douffet, Anna) Modified on 12/22/2015 (mmm). (Entered: 12/21/2015)

1 Exhibit

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2 Exhibit

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Dec. 21, 2015

Dec. 21, 2015

PACER
83

EXPARTE/CONSENT MOTION for Leave to File Notice of Supplemental Authority by Alana Cain, Ashton Brown, Vanessa Maxwell, Reynaud Variste, Rynajia Varitse, Thaddeus Long. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit A, # 4 Proposed Pleading Exhibit B)(Ratner, Emily) Modified on 12/23/2015 (gec). (Entered: 12/22/2015)

1 Proposed Order

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2 Proposed Pleading

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3 Proposed Pleading Exhibit A

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4 Proposed Pleading Exhibit B

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Dec. 22, 2015

Dec. 22, 2015

PACER
84

ORDER denying 83 Motion for Leave to File Notice of Supplemental Authority.. Signed by Judge Sarah S. Vance on 12/23/15. (jjs) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
85

MOTION for Extension of Time to Complete Discovery by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 2/3/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Brustowicz, Celeste) Modified on 1/15/2016: Referral Mag (2) (mmm). (Entered: 01/14/2016)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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Jan. 14, 2016

Jan. 14, 2016

PACER
86

MOTION for Protective Order Staying Discovery by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 2/17/2016. (Attachments: # 1 Memorandum in Support, # 2 Rule 26(C) Certification, # 3 Notice of Submission, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6)(Brustowicz, Celeste) Modified referral on 1/20/2016 (mmm). (Entered: 01/19/2016)

1 Memorandum in Support

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2 Rule 26(C) Certification

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3 Notice of Submission (Civil Only)

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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Jan. 19, 2016

Jan. 19, 2016

PACER
87

Correction of Docket Entry by Clerk re 86 MOTION for Protective Order Staying Discovery. This motion will be decided by the district judge. Clerk took corrective action. (mmm) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
89

ORDER granting MOTION 88 to Dismiss Motion for Protective Order Staying Discovery as Moot filed by defendants.. Signed by Judge Sarah S. Vance on 1/21/16.(jjs) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER
88

EXPARTE/CONSENT MOTION to Dismiss Motion for Protective Order Staying Discovery as Moot by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. (Attachments: # 1 Proposed Order)(Brustowicz, Celeste) (Entered: 01/21/2016)

1 Proposed Order

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Jan. 21, 2016

Jan. 21, 2016

PACER
91

ORDER GRANTING 85 Motion for Extension of Time to Complete Discovery. Celeste Brustowicz, counsel for movants, has advised the court (by letter filed separately in the record), and Alec Karakatsanis, counsel for plaintiffs, has confirmed that the parties have reached an agreement concerning the referenced motion in that plaintiffs are amenable to an extension of the deadline for defendants to respond to the plaintiffs' discovery to the March 15, 2016, date requested in [defendants'] motion. Accordingly, IT IS ORDERED that defendants respond to plaintiffs' discovery requests fully and in writing, in accordance with Fed. R. Civ. P. 33 and 34; and make all responsive documents available to plaintiffs' counsel, no later than March 15, 2016.Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/22/2016. (my) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
90

Letter to Hon. Joseph C. Wilkinson, Jr. from Celeste Brustowicz dated 1/21/2016 (my) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

PACER
92

MOTION to Dismiss Party by Orleans Parish Criminal District Court. Motion(s) will be submitted on 3/16/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Brustowicz, Celeste) (Entered: 02/18/2016)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 18, 2016

Feb. 18, 2016

PACER
93

NOTICE by All Plaintiffs of Constitutional Question. (Attachments: # 1 Exhibit)(Lellelid-Douffet, Anna) (Entered: 02/26/2016)

1 Exhibit

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Feb. 26, 2016

Feb. 26, 2016

PACER
95

Second MOTION to Take Judicial Notice Pursuant to FRE 201 by Camille Buras, Harry E Cantrell, Darryl Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur Hunter, Robert J. Kazik, Keva Landrum-Johnson, Orleans Parish Criminal District Court, Robin Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Byron C. Williams, Franz Zibilich. Motion(s) will be submitted on 3/30/2016. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6)(Brustowicz, Celeste) (Entered: 03/07/2016)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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March 7, 2016

March 7, 2016

PACER
94

ORDER - Pursuant to 28 U.S.C. § 2403(b) and Federal Rule of Civil Procedure 5.1(b), the Court hereby certifies to the Attorney General of Louisiana that the constitutionality of Louisiana Revised Statutes §§ 13:1381.5, 22:822 has been called into question. The Attorney General may intervene in this case, if he so chooses, regarding the question of constitutionality. If the Attorney General chooses to intervene, he must do so no later than thirty (30) days from entry of this Order. The Clerk of Court is directed to serve a copy of this Order upon the Attorney General of Louisiana, 1885 North Third Street, Baton Rouge, Louisiana 70804.. Signed by Judge Sarah S. Vance on 3/7/16. (jjs) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
96

RESPONSE to Motion filed by All Plaintiffs re 92 MOTION to Dismiss Party Orleans Criminal District Court. (Lellelid-Douffet, Anna) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 17, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Indigent criminal defendants of Louisiana that were jailed pursuant to New Orlean's policy of imprisoning individuals who cannot pay court fees and costs.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orleans Parish Criminal District Court (Orleans), City

New Orleans City (New Orleans, Orleans), City

Orleans Parish Sheriff (New Orleans, Orleans), City

Defendant Type(s):

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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Conflict of interest

Courts

False arrest

Fines/Fees/Bail/Bond

Funding

Over/Unlawful Detention

Poverty/homelessness