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

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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, 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.

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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 attorneys, see: https://www.courtlistener.com/docket/4270669/parties/cain-v-new-orleans-city/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Arcuri, Blake J (Louisiana)

Arthur, Byron R. (Louisiana)

Beck, Erica N. (Louisiana)

Bowdler, Bryan Edward (Louisiana)

Expert/Monitor/Master

Andrews, Emily G. (Louisiana)

Judge(s)

Graves, James Earl Jr. (Mississippi)

Haynes, Catharina (Texas)

Ho, James Chiun-Yue (Texas)

Vance, Sarah S. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorney 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)

Attorney for Defendant

Arcuri, Blake J (Louisiana)

Arthur, Byron R. (Louisiana)

Beck, Erica N. (Louisiana)

Bowdler, Bryan Edward (Louisiana)

Breaux, Brenda M. (Louisiana)

Brown, Galen S (Louisiana)

Brustowicz, Celeste (California)

Buckhalter-Honore, Melissia Ann (Louisiana)

Capitelli, Ralph (Louisiana)

Capitelli, Brian J. (Louisiana)

Cortizas, Richard Felipe (Louisiana)

Cunningham, Erika (Louisiana)

Darnell, Michael Charles (Louisiana)

Davillier, Daniel Ernest (Louisiana)

DeLarge, Eraka W. (Louisiana)

DeSalvo, Frank G. (Louisiana)

Dietz, Rebecca H. (Louisiana)

DiRosa, Joseph Vincent (Louisiana)

Doubleday, Elizabeth A. (Louisiana)

Dovalina, Stephanie (Louisiana)

Duffourc, Mindy Nunez (Louisiana)

Eagan, Ewell Patrick (Louisiana)

Fayard, Calvin Clifford (Louisiana)

Feeney, Gregory J. (Louisiana)

Fisher, Charlin S. (Louisiana)

Fraser, Matthew David (Louisiana)

Gibbens, William P. (Louisiana)

Goforth, William Rembert (Louisiana)

Goudeau, Renee E. (Louisiana)

Green, Aaron D. (Louisiana)

Hansell, Churita H. (Louisiana)

Harowski, Christy C. (Louisiana)

Hebert, Detrich Delaine (Louisiana)

Herman, Stephen J. (Louisiana)

Herman, Fred L. (Louisiana)

Hill, Cashauna (Louisiana)

Hill, Kevin C. (Louisiana)

Jolivette, Nannette V. (Louisiana)

Joseph, Joyce Gerdes (Louisiana)

Julien, Henry Philip (Louisiana)

Kaufman, Mary Katherine (Louisiana)

Kimbrough, Adria N. (Louisiana)

King, Richard E. (Louisiana)

Lambert, Nolan Patrick (Louisiana)

Landin, Alexander C. (Louisiana)

LeBeouf, Sunni Jones (Louisiana)

Lee, Kimlin Smith (Louisiana)

Leger, Walter John (Louisiana)

Lewis, Jonathan David (Louisiana)

Lindsay, Shawn (Louisiana)

Lindsay, Matthew J. (Louisiana)

Matthews, Freeman Rudolph (Louisiana)

Mercadal, Derek M. (Louisiana)

Miller, Eric R. (Louisiana)

Milner, Karen Edginton (Louisiana)

Moses-Fields, Penya M. (Louisiana)

Mullaly, Jessica LaCambra (Louisiana)

Mullaly, James Bryan (Louisiana)

O'Boyle, Inemesit U. (Louisiana)

Papai, Victor L (Louisiana)

Patin, David Joseph (Louisiana)

Phayer, Dennis J. (Louisiana)

Phillips, Darryl M. (Louisiana)

Poucher, Stephanie Michelle (Louisiana)

Raymond, Corwin St. (Louisiana)

Richardson, Timothy R (Louisiana)

Robins, Elizabeth S. (Louisiana)

Roland, Stacey G. (Louisiana)

Rosenberg, Harry (Louisiana)

Roy, James P. (Louisiana)

Schultz, Sherry Landry (Louisiana)

Sherman, Matthew Arthur (Louisiana)

Simmons, Jennifer L. (Louisiana)

Simms, Cherrell R. (Louisiana)

Smith, Daniel T. (Louisiana)

Strachan, David M. (Louisiana)

Swensek, Adam J. (Louisiana)

Tankersley, Christopher Kent (Louisiana)

Taplin, Cherrell Simms (Louisiana)

Therio, Erica A. (Louisiana)

Truong, Olivia Y. (Louisiana)

Turner, Donesia Diane (Louisiana)

Tyus, Darren P. (Louisiana)

Valliant, Heather M. (Louisiana)

Wagner, Fred Roy (Louisiana)

Williams, Sharonda R. (Louisiana)

Williams, James McClendon (Louisiana)

Williams, Isaka R. (Louisiana)

Zibilich, Franz L. (Louisiana)

Zimmer, Charles Ferrier (Louisiana)

Expert/Monitor/Master

Andrews, Emily G. (Louisiana)

Carbonette, Madeline S. (Louisiana)

Attorney Contact Information via CourtListener

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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	April 21, 2016	April 21, 2016 Order/Opinion
111 2:15-cv-04479	Order and Reasons Cain v. City of New Orleans	April 22, 2016	April 22, 2016 Order/Opinion
119 2:15-cv-04479	Order and Reasons Cain v. City of New Orleans	May 3, 2016	May 3, 2016 Order/Opinion
124 2:15-cv-04479	Order and Reasons Cain v. City of New Orleans	May 11, 2016	May 11, 2016 Order/Opinion
123 2:15-cv-04479	Order and Reasons Cain v. City of New Orleans	May 11, 2016	May 11, 2016 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
New Orleans, LA: Debtors' Prison Civil Rights Corps	In Louisiana, the judges who order and collect fines and fees from impoverished criminal defendants also depend on that money to fund their own budgets. We filed suit in federal court against the Cit…	Aug. 30, 2019	Aug. 30, 2019 http://www.civilrightscorps.org/...

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Docket

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

Last updated Sept. 25, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
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 View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER 18 Summons View on PACER 19 Summons View on PACER 20 Summons View on PACER 21 Summons View on PACER	Sept. 17, 2015	Sept. 17, 2015 RECAP
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
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 View on PACER 2 Certificate of Good Standing View on PACER 3 Certificate of Good Standing View on PACER 4 Proposed Order View on PACER	Sept. 17, 2015	Sept. 17, 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
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 View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER	Sept. 18, 2015	Sept. 18, 2015 PACER
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
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 View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER	Sept. 21, 2015	Sept. 21, 2015 RECAP
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 View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Notice of Submission (Civil Only) View on PACER 18 Proposed Order View on PACER	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 View on PACER	Sept. 22, 2015	Sept. 22, 2015 PACER
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
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 View on PACER 2 Notice of Submission (Civil Only) View on PACER	Oct. 3, 2015	Oct. 3, 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 View on PACER	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
33	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
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 View on PACER	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
36	Letter to Judge Vance from Dennis Phayer dated 10/8/15 (jjs) (Entered: 10/19/2015)	Oct. 19, 2015	Oct. 19, 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
38	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
39	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 View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER	Oct. 20, 2015	Oct. 20, 2015 RECAP
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
41	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
42	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
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 View on PACER 2 Proposed Pleading Reply to Plaintiffs' Opposition View on PACER	Oct. 21, 2015	Oct. 21, 2015 PACER
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
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
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
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
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 View on PACER 2 Proposed Order View on PACER	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
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 View on PACER	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
	Correction of Docket Entry by Clerk	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
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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit A View on PACER 4 Exhibit B View on PACER 5 Exhibit C View on PACER	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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER	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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit 1 View on PACER	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 View on PACER 2 Notice of Submission (Civil Only) View on PACER	Nov. 2, 2015	Nov. 2, 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 View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER	Nov. 2, 2015	Nov. 2, 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
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 View on PACER 2 Notice of Submission (Civil Only) View on PACER	Nov. 3, 2015	Nov. 3, 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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER	Nov. 3, 2015	Nov. 3, 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
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 View on PACER	Nov. 5, 2015	Nov. 5, 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 View on PACER	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
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 View on PACER	Nov. 16, 2015	Nov. 16, 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
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
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 View on PACER	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
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
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
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
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
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
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
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
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 View on PACER 2 Reply Memorandum View on PACER	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 View on PACER 2 Reply Memorandum View on PACER	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
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
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
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
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 View on PACER 2 Exhibit View on PACER	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 View on PACER 2 Proposed Pleading View on PACER 3 Proposed Pleading Exhibit A View on PACER 4 Proposed Pleading Exhibit B View on PACER	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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER	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 View on PACER 2 Rule 26(C) Certification View on PACER 3 Notice of Submission (Civil Only) View on PACER 4 Exhibit 1 View on PACER 5 Exhibit 2 View on PACER 6 Exhibit 3 View on PACER 7 Exhibit 4 View on PACER 8 Exhibit 5 View on PACER 9 Exhibit 6 View on PACER	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
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 View on PACER	Jan. 21, 2016	Jan. 21, 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
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
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
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 View on PACER 2 Notice of Submission (Civil Only) View on PACER	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 View on PACER	Feb. 26, 2016	Feb. 26, 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
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 View on PACER 2 Notice of Submission (Civil Only) View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER	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

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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):

Private Plaintiff

Non-profit NON-religious organization

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