Case: Vo v. Gee

2:16-cv-15639 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 18, 2016

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On October 18, 2016, a Louisiana naturalized citizen filed this lawsuit against the State of Louisiana in the U.S. District Court for the Eastern District of Louisiana for denying his constitutional rights to marriage. Proceeding under 42 U.S.C. §1983, the plaintiff challenged the constitutionality of Louisiana’s Act 436, which required all applicants for a marriage license to provide a certified birth certificate and permitted this requirement to be waived by individuals born in the U.S. The p…

On October 18, 2016, a Louisiana naturalized citizen filed this lawsuit against the State of Louisiana in the U.S. District Court for the Eastern District of Louisiana for denying his constitutional rights to marriage. Proceeding under 42 U.S.C. §1983, the plaintiff challenged the constitutionality of Louisiana’s Act 436, which required all applicants for a marriage license to provide a certified birth certificate and permitted this requirement to be waived by individuals born in the U.S. The plaintiff, born in an Indonesian refugee camp without a birth certificate, alleged that Act 436 violated the equal protection and due process clauses of the 14th Amendment because it prevents certain foreign-born individuals from exercising their fundamental right to marriage. The plaintiff sought a declaration that the State's denial of his marriage license violated the Constitution, in addition to a preliminary and permanent injunction enjoining defendants from further denying a marriage license to the plaintiff.

On February 2, 2017, the plaintiff filed a motion for preliminary injunction. Amicus briefs were filed in support of the plaintiff by Constitutional Accountability Center, ACLU, and National Center for Lesbian Rights. The defendants filed a motion to dismiss for failure to state a claim on February 23.

On March 23, Judge Ivan L.R. Lemelle granted the plaintiff’s motion for preliminary injunction and denied the defendant’s motion to dismiss. The Court found that the plaintiff had standing and that he satisfied all the necessary elements for a preliminary injunction. 2017 WL 1091261.

The plaintiff then filed the first amended complaint on April 12, 2017 with minor modifications. On May 24, the plaintiff filed a motion for partial summary judgment, declaratory judgment, and permanent injunction.

On August 8, Judge Lemelle granted the plaintiff’s motions. The court found that Louisiana failed to demonstrate that “this classification based on national origin furthers a compelling governmental interest that justify treating this Plaintiff and other similarly situated U.S. citizens differently from U.S. born citizens.” In addition, the court found that the plaintiff has also demonstrated actual success on the merits of the due process claim. 301 F.Supp.3d 661.

On February 21, 2018, Judge Lemelle ordered the defendants to pay the plaintiff $154,754 in attorney’s fees and costs.

The case is now closed.

Summary Authors

Sichun Liu (5/15/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4510805/parties/vo-v-gee/


Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Attorneys(s) for Plaintiff

Brumme, Marley Ann (California)

Gilford, Lisa (California)

Hirsch, Maximillian W. (California)

Horth-Neubert, Stacy R. (California)

Huerta, Alvaro M. (California)

Preciado, Nora (California)

Rosenbaum, Jennifer Jean (Louisiana)

Tumlin, Karen C. (California)

White, Jeffery B. (California)

Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Attorneys(s) for Plaintiff

Brumme, Marley Ann (California)

Gilford, Lisa (California)

Hirsch, Maximillian W. (California)

Horth-Neubert, Stacy R. (California)

Huerta, Alvaro M. (California)

Preciado, Nora (California)

Rosenbaum, Jennifer Jean (Louisiana)

Tumlin, Karen C. (California)

White, Jeffery B. (California)

Yanik, Mary C. (Louisiana)

Attorneys(s) for Defendant

Elliott, Neal Risley Jr. (Louisiana)

Faulk, Julie I. (Louisiana)

Fontenot, Cearley W. (Louisiana)

Guest, Lance Sterling (Louisiana)

McIntire, Patrick Bayard (Louisiana)

Oats, Stephen J. (Louisiana)

Theunissen, Laura Kay Austin (Louisiana)

Other Attorney(s)

Delaney, Ryan P. (Louisiana)

Hamilton, Bruce Warfield (Louisiana)

Schilling, Ellie T. (Louisiana)

Documents in the Clearinghouse

Document

Docket

April 20, 2018 Docket
1

Complaint for Declaratory and Injunctive Relief

Oct. 18, 2016 Complaint
77

Opinion

2017 WL 1091261

March 23, 2017 Order/Opinion
82

First Amended Complaint for Declaratory and Injunctive Relief

April 12, 2017 Complaint
96

Opinion and Permanent Injunction

301 F.Supp.3d 661

Aug. 8, 2017 Order/Opinion
119

Order and Reasons

2018 WL 999910

Feb. 21, 2018 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510805/vo-v-gee/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-5759062) filed by Viet Anh Vo. (Attachments: # 1 Exhibit A - Act 436, # 2 Civl Cover Sheet, # 3 Appendix to Civil Cover Sheet)Attorney Mary C. Yanik added to party Viet Anh Vo(pty:pla).(Yanik, Mary) Modified text on 10/18/2016 (mmv). (Entered: 10/18/2016)

1 Exhibit A - Act 436

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2 Civl Cover Sheet

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3 Appendix to Civil Cover Sheet

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Oct. 18, 2016 RECAP
2

Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (jeg) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
3

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alvaro M. Huerta (Filing fee $ 100 receipt number 053L-5759761) by Viet Anh Vo. (Attachments: # 1 Declaration in support, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) Modified text on 10/18/2016 (mmv). (Entered: 10/18/2016)

1 Declaration in support

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2 Certificate of Good Standing

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3 Proposed Order

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4 CMECF Registration Form

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Oct. 18, 2016 PACER
4

Correction of Docket Entry by Clerk re 1 Complaint. **Attachment has duplicate description. For attachment, select either a category OR enter a description, selecting both will result in duplicate docket text. Clerk took corrective action.** (mmv) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
5

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Karen Tumlin (Filing fee $ 100 receipt number 053L-5760076) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CM/ECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CM/ECF Registration Form

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Oct. 18, 2016 PACER
6

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Stacy Horth-Neubert (Filing fee $ 100 receipt number 053L-5760153) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CMECF Registration Form

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Oct. 18, 2016 PACER
7

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Nora Preciado (Filing fee $ 100 receipt number 053L-5760222) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration)(Yanik, Mary) (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CMECF Registration

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Oct. 18, 2016 PACER
8

**DEFICIENT** EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Marley Ann Brumme (Filing fee $ 100 receipt number 053L-5760349) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Yanik, Mary) Modified on 10/19/2016 (mmv). (Entered: 10/18/2016)

1 Exhibit

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2 Proposed Order

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Oct. 18, 2016 PACER
9

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lisa Gilford (Filing fee $ 100 receipt number 053L-5760394) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CMECF Registration Form

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Oct. 18, 2016 PACER
10

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey White (Filing fee $ 100 receipt number 053L-5759800) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CMECF Registration Form

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Oct. 18, 2016 PACER
11

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Maximillian W. Hirsch (Filing fee $ 100 receipt number 053L-5760865) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CM/ECF Registration)(Yanik, Mary) Modified text on 10/19/2016 (mmv). (Entered: 10/18/2016)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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4 CMECF Registration

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Oct. 18, 2016 PACER
12

Correction of Docket Entry by Clerk re 6 MOTION to Appear Pro Hac Vice Stacy Horth-Neubert (Filing fee $ 100 receipt number 053L-5760153). **The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (mmv) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
13

Correction of Docket Entry by Clerk re 11 MOTION to Appear Pro Hac Vice Max Hirsch (Filing fee $ 100 receipt number 053L-5760865). **The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (mmv) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
14

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Marley Ann Brumme (Fee previously paid) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 CM/ECF Registration)(Yanik, Mary) Modified text on 10/19/2016 (mmv). (Entered: 10/19/2016)

1 Exhibit

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2 Proposed Order

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3 CMECF Registration

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Oct. 19, 2016 PACER
15

Summons Submitted for Issuance (Attachments: # 1 Summons Gee, Rebekah, # 2 Summons George, Devin, # 3 Summons Perret, Louis, # 4 Summons Thibodeaux, Michael)(Yanik, Mary) (Entered: 10/20/2016)

1 Summons Gee, Rebekah

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2 Summons George, Devin

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3 Summons Perret, Louis

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4 Summons Thibodeaux, Michael

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Oct. 20, 2016 PACER
19

ORDER GRANTING 3, 5, 6, 7, 9, 10, 11, 14 Motions to Appear Pro Hac Vice as to Alvaro Moises Huerta, Karen C. Tumlin, Stacy Horth-Neubert, Nora A. Preciado, Lisa Gilford, Jeffery B. White, Maximillian W. Hirsch, Marley Ann Brumme. Signed by Judge Ivan L.R. Lemelle on 10/20/2016. (Attachments: # 1 Notice Pro Hac Vice Counsel) (mmv) (Entered: 10/24/2016)

1 Notice Pro Hac Vice Counsel

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Oct. 20, 2016 PACER
16

NOTICE of Challenge to Constitutionality of State Statute by Viet Anh Vo . (Attachments: # 1 Certificate of Service)(Yanik, Mary) Modified text on 10/21/2016 (mmv). (Entered: 10/20/2016)

1 Certificate of Service

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Oct. 20, 2016 PACER
17

Summons Issued as to Diane Meaux Broussard, Rebekah E. Gee, Devin George, Louis J. Perret, Michael Thibodeaux. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(mmv) (Entered: 10/21/2016)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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Oct. 21, 2016 PACER
18

Correction of Docket Entry by Clerk re 16 Notice (Other). **Document's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary.** (mmv) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
20

AFFIDAVIT of Service by Michael Thibodeaux and Robert Garcia of Summons and Complaint served on Defendants- Devin George, State Registrar on 10/26/2016; answer due 11/16/2016, Diane Meaux Broussard, Vermilion Parish Clerk; Rebekah E. Gee, Secretary of the Department of Health; Louis J. Perret, Lafayette Parish Clerk; and Michael Thibodeaux, Iberia Parish Clerk on 10/27/2016; answers due 11/17/2016. (mmv) (Entered: 11/04/2016) (Hirsch, Maximillian) (Main Document 20 replaced on 11/4/2016) (mmv). (Additional attachment(s) added on 11/4/2016: # 1 Exhibit A- Affidavits) (mmv). Modified text on 11/4/2016 (mmv). (Entered: 11/03/2016)

1 Exhibit A- Affidavits

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Nov. 3, 2016 PACER
21

Correction of Docket Entry by Clerk re 20 Affidavit of Service. **1) The Notice should have been the main document with Exhibit A as an attachment. Clerk has taken corrective action. **2) Exhibit A is on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper'. Clerk has reduced images. No further action needed.**(mmv) (Entered: 11/04/2016)

Nov. 4, 2016 PACER
22

EXPARTE/CONSENT MOTION for Extension of Time to Answer as to 1 Complaint by Rebekah E. Gee, Devin George. (Attachments: # 1 Proposed Order)Attorney Neal Risley Elliott, Jr added to party Rebekah E. Gee(pty:dft), Attorney Neal Risley Elliott, Jr added to party Devin George(pty:dft).(Elliott, Neal) Modified text/event on 11/7/2016 (mmv). (Entered: 11/07/2016)

1 Proposed Order

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Nov. 7, 2016 PACER
23

Correction of Docket Entry by Clerk re 22 MOTION for Extension of Time to File Response/Reply. **Filing attorney selected incorrect event. Correct event is MOTION for Extension of Time to Answer. Clerk took corrective action by changing the event.** (mmv) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
24

ORDER GRANTING 22 Motion for Extension of Time to Answer re 1 Complaint as to Rebekah E. Gee answer due 12/8/2016; Devin George answer due 12/8/2016. Signed by Judge Ivan L.R. Lemelle on 11/8/2016. (mmv) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
25

ANSWER to 1 Complaint, by Rebekah E. Gee, Devin George.(Elliott, Neal) (Entered: 12/07/2016)

Dec. 7, 2016 RECAP
26

NOTICE: Scheduling Conference set for 2/9/2017 11:15 AM before case manager by telephone. All parties are to call into the conference call at the toll free number provided. By Clerk.(ijg) (Entered: 01/06/2017)

Jan. 6, 2017 PACER
27

**DEFICIENT** MOTION for Preliminary Injunction by Viet Anh Vo. Motion(s) will be submitted on 1/13/2017. (Attachments: # 1 Memorandum in Support Of Plaintiff's Motion for Preliminary Injunction, # 2 Affidavit Declaration Of Viet Anh Vo In Support Of Plaintiffs Motion For Preliminary Injunction, # 3 Affidavit Declaration Of Mary Yanik In Support Of Plaintiffs Motion For Preliminary Injunction, # 4 Exhibit Exhibits A - F to Declaration of Mary Yanik, # 5 Request for Oral Argument, # 6 Notice of Submission)(Yanik, Mary) Modified on 1/13/2017 (mmv). (Entered: 01/13/2017)

1 Memorandum in Support Of Plaintiff's Motion for Preliminary Injunction

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2 Affidavit Declaration Of Viet Anh Vo In Support Of Plaintiffs Motion For Prelimi

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3 Affidavit Declaration Of Mary Yanik In Support Of Plaintiffs Motion For Prelimin

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4 Exhibit Exhibits A - F to Declaration of Mary Yanik

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5 Request for Oral Argument

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6 Notice of Submission (Civil Only)

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Jan. 13, 2017 RECAP
28

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Excess of Page Limits by Viet Anh Vo. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading- Motion for Preliminary Injunction, # 3 Proposed Pleading Memorandum in Support, # 4 Proposed Pleading Notice of Submission, # 5 Proposed Pleading Vo Declaration, # 6 Proposed Pleading Yanik Declaration, # 7 Proposed Pleading Exhibit A, # 8 Proposed Pleading Exhibit B, # 9 Proposed Pleading Exhibit C, # 10 Proposed Pleading Exhibit D, # 11 Proposed Pleading Exhibit E, # 12 Proposed Pleading Exhibit F, # 13 Proposed Pleading Exhibit G, # 14 Proposed Pleading Exhibit H)(Yanik, Mary) Modified text on 1/18/2017 (mmv). (Entered: 01/17/2017)

1 Proposed Order

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2 Proposed Pleading- Mot for Preliminary Injunction

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3 Proposed Pleading Memorandum in Suppt

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4 Proposed Pleading Notice of Submission

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5 Proposed Pleading Vo Declaration

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6 Proposed Pleading Yanik Declaration

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7 Proposed Pleading Exhibit A

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8 Proposed Pleading Exhibit B

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9 Proposed Pleading Exhibit C

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10 Proposed Pleading Exhibit D

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11 Proposed Pleading Exhibit E

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12 Proposed Pleading Exhibit F

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13 Proposed Pleading Exhibit G

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14 Proposed Pleading Exhibit H

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Jan. 17, 2017 PACER
29

Request/Statement of Oral Argument by Viet Anh Vo re Motion for Preliminary Injunction (Yanik, Mary) Modified text on 1/18/2017 (mmv). (Entered: 01/17/2017)

Jan. 17, 2017 RECAP
30

ORDER DENYING 29 Request for Oral Argument. Signed by Judge Ivan L.R. Lemelle on 1/18/2017.(mmv) (Entered: 01/18/2017)

Jan. 18, 2017 RECAP
31

EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Diane Meaux Broussard, Michael Thibodeaux. (Attachments: # 1 Proposed Order)Attorney Kay Austin Theunissen added to party Diane Meaux Broussard(pty:dft), Attorney Kay Austin Theunissen added to party Michael Thibodeaux(pty:dft).(Theunissen, Kay) Modified text/added linkage/removed referral and submission date on 1/27/2017 (mmv). (Entered: 01/27/2017)

1 Proposed Order

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Jan. 27, 2017 PACER
32

Correction of Docket Entry by Clerk re 31 MOTION for Extension of Time to Answer . **1) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. **2) Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. **3) Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.**(mmv) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
33

ORDER GRANTING 28 Motion for Leave to File Memorandum in Excess of Page Limits; GRANTING 31 Motion for Extension of Time to Answer re 1 Complaint as to Diane Meaux Broussard answer due 2/2/2017; Michael Thibodeaux answer due 2/2/2017. Signed by Judge Ivan L.R. Lemelle on 2/2/2017. (mmv) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
34

MOTION for Preliminary Injunction by Viet Anh Vo. Motion(s) will be submitted on 2/1/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Declaration of Viet Vo, # 4 Declaration of Mary Yanik, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H)(mmv) (Entered: 02/02/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Declaration of Viet Vo

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4 Declaration of Mary Yanik

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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10 Exhibit F

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11 Exhibit G

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12 Exhibit H

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Feb. 2, 2017 RECAP
35

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Louis J. Perret. (Attachments: # 1 Proposed Order)Attorney Patrick B. McIntire added to party Louis J. Perret(pty:dft).(McIntire, Patrick) (Entered: 02/03/2017)

1 Proposed Order

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Feb. 3, 2017 PACER
36

ORDER GRANTING 35 Motion for Extension of Time to Answer re 1 Complaint. Defendant, Louis J. Perret, Lafayette Parish Clerk, has until February 23, 2017 to file responsive pleadings. Signed by Judge Ivan L.R. Lemelle on 2/7/2017. (mmv) (Entered: 02/07/2017)

Feb. 7, 2017 PACER
37

EXPARTE/CONSENT MOTION for Leave to File Amicus Brief by Constitutional Accountability Center. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Brief of the Constitutional Accountability Center as Amicus Curiae in Support of Plaintiff's Motion for Preliminary Injunction)Attorney Ellie T. Schilling added to party Constitutional Accountability Center(pty:am).(Schilling, Ellie) (Entered: 02/08/2017)

1 Proposed Order

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2 Proposed Pleading Brief of the Constitutional Accountability Center as Amicus Cu

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Feb. 8, 2017 PACER
38

EXPARTE/CONSENT MOTION for Leave to File Brief of Amicus Curiae by American Civil Liberties Union Foundation Of Louisiana. (Attachments: # 1 Notice of Submission, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Proposed Pleading-Brief of Amicus Curiae)Attorney Bruce W. Hamilton added to party American Civil Liberties Union Foundation Of Louisiana(pty:am).(Hamilton, Bruce) Modified text/removed submission date on 2/8/2017 (mmv). (Entered: 02/08/2017)

1 Notice of Submission (Civil Only)

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2 Memorandum in Support

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3 Proposed Order

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4 Proposed Pleading-Brief of Amicus Curiae

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Feb. 8, 2017 PACER
39

Correction of Docket Entry by Clerk re 38 First MOTION for Leave to File Brief of Amicus Curiae. **1) Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. **2) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date.** (mmv) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
40

EXPARTE/CONSENT MOTION for Leave to File Brief as Amici Curiae by National Center for Lesbian Rights. (Attachments: # 1 Proposed Pleading - Proposed Amicus Brief, # 2 Notice of Submission, # 3 Memorandum in Support, # 4 Proposed Order)Attorney Ryan P. Delaney added to party National Center for Lesbian Rights(pty:am).(Delaney, Ryan) Modified text/removed submission date on 2/9/2017 (mmv). (Entered: 02/08/2017)

1 Exhibit Exhibit 1 - Proposed Amicus Brief

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2 Notice of Submission (Civil Only)

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3 Memorandum in Support

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4 Proposed Order

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Feb. 8, 2017 PACER
41

Correction of Docket Entry by Clerk re 40 MOTION for Leave to File Brief as Amici Curiae. **1) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. **2) Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (mmv) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
42

ORDER GRANTING 37 Motion for Leave to File Brief of the Constitutional Accountability Center as Amicus Curiae in Support of Plaintiff's Motion for Preliminary Injunction; GRANTING 38 Motion of American Civil Liberties Union Foundation of Louisiana for Leave to File Brief as Amicus Curiae; GRANTING 40 Motion of National Center for Lesbian Rights, GLBTQ Legal Advocates and Defenders, and Lambda Legal for Leave to File Brief as Amici Curiaein in Support of Plaintiffs Motion for Preliminary Injunction. Signed by Judge Ivan L.R. Lemelle on 2/9/2017. (mmv) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
43

Amicus Brief in Support by Constitutional Accountability Center re 34 MOTION for Preliminary Injunction (mmv) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
44

Amicus Brief in Support by American Civil Liberties Union Foundation Of Louisiana re 34 MOTION for Preliminary Injunction (mmv) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
45

Amicus Brief in Support by National Center for Lesbian Rights re 34 MOTION for Preliminary Injunction (mmv) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
46

ORDER: IT IS HEREBY ORDERED that Plaintiff's 34 Motion for Preliminary Injunction, originally set for submission on February 1, 2017, is set for hearing with oral argument on Wednesday, March 22, 2017 at 9:00 a.m. before Judge Lemelle. IT IS FURTHER ORDERED that a trial date of November 13,2017 has been selected and agreed upon by all parties. The Court's Case Manager shall schedule a telephone scheduling conference upon the filing of responsive pleadings by all parties. Said pleadings are to be filed no later than February 23, 2017, per Rec. Doc. 36 . Signed by Judge Ivan L.R. Lemelle on 2/10/2017.(mmv) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
47

MOTION to Dismiss for Failure to State a Claim by Diane Meaux Broussard, Michael Thibodeaux. Motion(s) will be submitted on 3/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Theunissen, Kay) (Entered: 02/23/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 23, 2017 PACER
48

MOTION to Transfer Case by Diane Meaux Broussard, Michael Thibodeaux. Motion(s) will be submitted on 3/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Theunissen, Kay) (Entered: 02/23/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 23, 2017 PACER
49

MOTION to Dismiss for Failure to State a Claim by Louis J. Perret. Motion(s) will be submitted on 3/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Fontenot, Cearley) (Entered: 02/23/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 23, 2017 PACER
50

MOTION to Transfer Case by Louis J. Perret. Motion(s) will be submitted on 3/15/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Fontenot, Cearley) (Entered: 02/23/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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Feb. 23, 2017 PACER
51

**DEFICIENT** EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Failure to State a Claim, 47 MOTION to Dismiss for Failure to State a Claim, 50 MOTION to Transfer Case, 48 MOTION to Transfer Case by Viet Anh Vo. (Attachments: # 1 Proposed Order)(Huerta, Alvaro) Modified on 3/1/2017 (mmv). Modified on 3/1/2017 (mmv). (Entered: 02/28/2017)

1 Proposed Order

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Feb. 28, 2017 PACER
52

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Dismiss for Failure to State a Claim, 47 MOTION to Dismiss for Failure to State a Claim, 50 MOTION to Transfer Case, 48 MOTION to Transfer Case by Viet Anh Vo. (Attachments: # 1 Proposed Order)(Preciado, Nora) (Entered: 03/01/2017)

1 Proposed Order

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March 1, 2017 PACER
53

ORDER GRANTING 52 Motion for Extension of Time to File Responsive Pleadings. Plaintiff, Viet Anh Vo, be and the same is hereby granted an extension of seven (7) days or until March 14, 2017, within which to file his opposition to Defendants' Motions to Dismiss and Motions to Transfer. Signed by Judge Ivan L.R. Lemelle on 3/2/2017. (mmv) (Entered: 03/02/2017)

March 2, 2017 PACER
54

ORDER SCHEDULING STATUS CONFERENCE for 3/17/2017 at 10:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn) (Entered: 03/06/2017)

March 6, 2017 PACER
55

RESPONSE/MEMORANDUM in Opposition filed by Rebekah E. Gee, Devin George re 34 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit)(Elliott, Neal) Modified text on 3/10/2017 (mmv). (Entered: 03/10/2017)

1 Exhibit

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March 10, 2017 PACER
56

Correction of Docket Entry by Clerk re 55 Response/Memorandum in Opposition to Motion. **Filing attorney incorrectly linked document to document 27. Document 27 is a deficient document. Document should only be linked to document 34 as that is the pending Motion. Clerk removed linkage to deficient document.** (mmv) (Entered: 03/10/2017)

March 10, 2017 PACER
57

RESPONSE/MEMORANDUM in Opposition filed by Louis J. Perret re 34 MOTION for Preliminary Injunction . (Fontenot, Cearley) (Entered: 03/14/2017)

March 14, 2017 PACER
58

RESPONSE/MEMORANDUM in Opposition filed by Diane Meaux Broussard, Michael Thibodeaux re 34 MOTION for Preliminary Injunction . (Theunissen, Kay) (Entered: 03/14/2017)

March 14, 2017 PACER
59

RESPONSE/MEMORANDUM in Opposition filed by Viet Anh Vo re 47 MOTION to Dismiss for Failure to State a Claim . (Yanik, Mary) (Entered: 03/14/2017)

March 14, 2017 PACER
60

RESPONSE/MEMORANDUM in Opposition filed by Viet Anh Vo re 49 MOTION to Dismiss for Failure to State a Claim . (Yanik, Mary) (Entered: 03/14/2017)

March 14, 2017 PACER
61

RESPONSE/MEMORANDUM in Opposition filed by Viet Anh Vo re 50 MOTION to Transfer Case . (Yanik, Mary) (Entered: 03/14/2017)

March 14, 2017 PACER
62

RESPONSE/MEMORANDUM in Opposition filed by Viet Anh Vo re 48 MOTION to Transfer Case . (Yanik, Mary) (Entered: 03/14/2017)

March 14, 2017 PACER
63

Correction of Docket Entry by Clerk re 58 Response/Memorandum in Opposition to Motion. **Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (mmv) (Entered: 03/15/2017)

March 15, 2017 PACER
64

EXPARTE/CONSENT Consent MOTION for Leave to File Reply in Support of Motion for Preliminary Injunction by Viet Anh Vo. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Yanik, Mary) (Entered: 03/16/2017)

1 Proposed Pleading

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2 Proposed Order

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March 16, 2017 PACER
65

ORDER granting 64 Motion for Leave to File Reply. Signed by Judge Ivan L.R. Lemelle on 3/17/2017. (cg) (Entered: 03/17/2017)

March 17, 2017 PACER
66

REPLY to Response to Motion 34 MOTION for Preliminary Injunction filed by Viet Anh Vo re. (cg) (Entered: 03/17/2017)

March 17, 2017 PACER
67

**DEFICIENT** EXPARTE/CONSENT MOTION to Continue by Louis J. Perret. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Fontenot, Cearley) Modified on 3/20/2017 (mmv). (Entered: 03/17/2017)

1 Memorandum in Support

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2 Proposed Order

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March 17, 2017 PACER
68

RESPONSE/MEMORANDUM in Opposition filed by Viet Anh Vo re rec. doc. 67 . (Yanik, Mary) Modified text/removed linkage to deficient document on 3/20/2017 (mmv). (Entered: 03/17/2017)

March 17, 2017 PACER
69

MOTION to Continue Hearing on Preliminary Injunction by Louis J. Perret. Motion(s) will be submitted on 4/5/2017. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Fontenot, Cearley) Modified text/added submission date on 3/20/2017 (mmv). (Entered: 03/20/2017)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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March 20, 2017 PACER
70

EXPARTE/CONSENT MOTION to Expedite Consideration on rec. doc. 69 by Louis J. Perret. (Attachments: # 1 Proposed Order)(Fontenot, Cearley) Modified text on 3/20/2017 (mmv). (Entered: 03/20/2017)

1 Proposed Order

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March 20, 2017 PACER
71

Correction of Docket Entry by Clerk re 69 MOTION to Continue . **Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on 4/5/2017 before Judge Ivan L. R. Lemelle. No further action is necessary.** (mmv) (Entered: 03/20/2017)

March 20, 2017 PACER
72

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of rec. doc. 47 by Diane Meaux Broussard, Michael Thibodeaux. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading- Reply Memo)(Theunissen, Kay) Modified text/removed referral on 3/20/2017 (mmv). (Entered: 03/20/2017)

1 Proposed Order

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2 Proposed Pleading

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March 20, 2017 PACER
73

Correction of Docket Entry by Clerk re 72 MOTION for Leave to File Reply Memorandum in Support of Rule 12(b)(6) Motion to Dismiss. **1) Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. **2) Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action.** (mmv) (Entered: 03/20/2017)

March 20, 2017 PACER
74

ORDER: IT IS ORDERED that the 70 Motion for Expedited Hearing is GRANTED without need of oral argument or further briefing. IT IS FURTHER ORDERED that the 69 Motion to Continue Hearing of the Preliminary Injunction is DENIED without need for opposition. IT IS FURTHER ORDERED that the 47, 49 Motions to Dismiss and the 48, 50 Motions to Transfer are also set for oral argument on Wednesday, March 22nd at 10:00 a.m. IT IS FURTHER ORDERED that the 72 Motion for Leave to File Reply is GRANTED. Signed by Judge Ivan L.R. Lemelle on 3/21/2017.(mmv) (Entered: 03/21/2017)

March 21, 2017 RECAP
75

Reply Memorandum filed by Diane Meaux Broussard, Michael Thibodeaux, in Support of 47 MOTION to Dismiss for Failure to State a Claim . (mmv) (Entered: 03/21/2017)

March 21, 2017 RECAP
76

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 3/22/2017 re 50 MOTION to Transfer Case filed by Louis J. Perret, 49 MOTION to Dismiss for Failure to State a Claim filed by Louis J. Perret, 48 MOTION to Transfer Case filed by Diane Meaux Broussard, Michael Thibodeaux, 34 MOTION for Preliminary Injunction filed by Viet Anh Vo, 47 MOTION to Dismiss for Failure to State a Claim filed by Diane Meaux Broussard, Michael Thibodeaux. See Court Order. (Court Reporter Jodi Simcox.) (ijg) (Entered: 03/22/2017)

March 22, 2017 RECAP
77

OPINION: IT IS ORDERED that Defendants' 48, 50 Motions to Transfer and 47, 49 Motions to Dismiss are DENIED. IT IS FURTHER ORDERED that the 34 Motion for Preliminary Injunction is GRANTED. Signed by Judge Ivan L.R. Lemelle on 3/23/2017. (mmv) (Entered: 03/23/2017)

March 23, 2017 RECAP
78

**DEFICIENT** MOTION for Leave to File Amended Complaint by Viet Anh Vo. Motion(s) will be submitted on 4/21/2017. (Attachments: # 1 Proposed Pleading, # 2 Notice of Submission, # 3 Proposed Order)(Yanik, Mary) Modified on 4/7/2017 (mmv). (Entered: 04/06/2017)

1 Proposed Pleading

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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April 6, 2017 PACER
79

EXPARTE/CONSENT MOTION for Leave to Amend Complaint by Viet Anh Vo. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Yanik, Mary) Modified text on 4/12/2017 (jls). (Entered: 04/11/2017)

1 Proposed Pleading

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2 Proposed Order

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April 11, 2017 PACER
80

ANSWER to 1 Complaint by Louis J. Perret.(Fontenot, Cearley) Modified text on 4/13/2017 (mmv). (Entered: 04/12/2017)

April 12, 2017 PACER
81

ORDER GRANTING 79 Motion for Leave to Amend Complaint. Signed by Judge Ivan L.R. Lemelle on 4/12/2017. (mmv) (Entered: 04/12/2017)

April 12, 2017 PACER
82

FIRST AMENDED COMPLAINT against Diane Meaux Broussard, Rebekah E. Gee, Devin George, Louis J. Perret, Michael Thibodeaux filed by Viet Anh Vo.(mmv) (Entered: 04/12/2017)

April 12, 2017 RECAP
83

ANSWER to 1 Complaint, by Diane Meaux Broussard, Michael Thibodeaux.(Theunissen, Kay) (Entered: 04/13/2017)

April 13, 2017 PACER
84

MOTION for Partial Summary Judgment, MOTION for Declaratory Judgment, MOTION for Permanent Injunction by Viet Anh Vo. Motion(s) will be submitted on 6/21/2017. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission, # 4 Declaration, # 5 Exhibit, # 6 Proposed Order)(Yanik, Mary) Modified event/text on 5/25/2017 (mmv). (Entered: 05/24/2017)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Notice of Submission (Civil Only)

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4 Declaration

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5 Exhibit

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6 Proposed Order

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May 24, 2017 PACER
85

Request/Statement of Oral Argument by Viet Anh Vo regarding 84 First MOTION for Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction (Yanik, Mary) (Entered: 05/24/2017)

May 24, 2017 PACER
86

Correction of Docket Entry by Clerk re 84 MOTION for Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction . **Filing attorney selected incorrect event. Correct event is MOTION for Partial Summary Judgment. Clerk took corrective action by changing the event.** (mmv) (Entered: 05/25/2017)

May 25, 2017 PACER
87

ORDER DENYING 85 Request/Statement of Oral Argument re 84 MOTION for Partial Summary Judgment, MOTION for Declaratory Judgment, MOTION for Permanent Injunction.Signed by Judge Ivan L.R. Lemelle on 5/25/2017.(mmv) (Entered: 05/25/2017)

May 25, 2017 PACER
88

**DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Rebekah E. Gee, Devin George re 84 MOTION for Partial Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction . (Elliott, Neal) Modified on 6/14/2017 (jls). (Entered: 06/12/2017)

June 12, 2017 RECAP
89

RESPONSE/MEMORANDUM in Opposition, filed by Diane Meaux Broussard, Michael Thibodeaux re 84 MOTION for Partial Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction, Adopting by Reference the 91 Opposition. (Theunissen, Kay) Modified text on 7/6/2017 (jls). (Entered: 06/13/2017)

June 13, 2017 PACER
90

RESPONSE/MEMORANDUM in Opposition filed by Louis J. Perret re 84 MOTION for Partial Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction, Adopting the 91 Opposition. (Fontenot, Cearley) Modified text on 7/6/2017 (jls). (Entered: 06/13/2017)

June 13, 2017 PACER
91

RESPONSE/MEMORANDUM in Opposition filed by Rebekah E. Gee, Devin George re 84 MOTION for Partial Summary Judgment MOTION for Declaratory Judgment MOTION for Permanent Injunction . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Elliott, Neal) Modified text on 6/19/2017 (jls). (Entered: 06/19/2017)

1 Statement of Contested/Uncontested Facts

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June 19, 2017 PACER
92

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of rec. doc. 84 by Viet Anh Vo. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Yanik, Mary) Modified text on 6/21/2017 (mmv). (Entered: 06/20/2017)

1 Proposed Pleading

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2 Proposed Order

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June 20, 2017 PACER
93

ORDER GRANTING 92 Motion for Leave to File Reply Memorandum. Signed by Judge Ivan L.R. Lemelle on 6/21/2017. (mmv) (Entered: 06/22/2017)

June 21, 2017 PACER
94

Reply Memorandum filed by Viet Anh Vo, in Support of 84 MOTION for Partial Summary Judgment, MOTION for Declaratory Judgment, MOTION for Permanent Injunction . (mmv) (Entered: 06/22/2017)

June 21, 2017 PACER
95

NOTICE by All Plaintiffs re 89 Response/Memorandum in Opposition to Motion, 90 Response/Memorandum in Opposition to Motion, 91 Response/Memorandum in Opposition to Motion, 94 Supplemental Memorandum of Changed Circumstances regarding HB 439. (Hirsch, Maximillian) Modified text on 7/7/2017 (jls). (Entered: 07/06/2017)

July 6, 2017 PACER
96

OPINION AND PERMANENT INJUNCTION: IT IS ORDERED that Plaintiffs 84 Motions for Partial Summary Judgment, Declaratory Judgment and Permanent Injunction are GRANTED. Signed by Judge Ivan L.R. Lemelle on 8/8/2017.(jls) (Entered: 08/08/2017)

Aug. 8, 2017 RECAP
97

JUDGMENT entered in favor of Viet Anh Vo against Devin George, Diane Meaux Broussard, Louis J. Perret, Michael Thibodeaux, Rebekah E. Gee, along with pertinent employees, officers, agents and successors for the State of Louisiana. Signed by Judge Ivan L.R. Lemelle on 8/8/2017.(jls) (Entered: 08/08/2017)

Aug. 8, 2017 PACER
98

EXPARTE/CONSENT MOTION for Telephone Conference for Clarification of Court's Opinion and Permanent Injunction Ruling (rec. doc. 96) by Rebekah E. Gee, Devin George. (Elliott, Neal) Modified text/removed submission date on 8/10/2017 (jls). (Additional attachment(s) added on 8/10/2017: # 1 Proposed Order) (jls). (Entered: 08/09/2017)

1 Proposed Order

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Aug. 9, 2017 PACER
99

Correction of Docket Entry by Clerk re 98 MOTION for Telephone Conference for Clarification of Court's Opinion and Permanent Injunction Ruling (rec. doc. 96) . **Filing attorney did not include a proposed order. Proposed Order subsequently provided to Clerk and has now been attached to the motion.** (jls) (Entered: 08/10/2017)

Aug. 10, 2017 PACER
100

ORDER DENYING 98 Motion for Telephone Status Conference for Clarification of the Court's Opinion and Permanent Injunction. Parties may jointly propose additional language for the permanent injunction by August 18, 2017, which will be considered without guarantee of adoption. Signed by Judge Ivan L.R. Lemelle on 8/14/2017. (jls) (Entered: 08/14/2017)

Aug. 14, 2017 PACER

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 18, 2016

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Naturalized Louisiana citizen

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Health and Hospitals for the State of Louisiana, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $154,754.93

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Marriage

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run