Case: Smith v. Board of Commissioners

2:17-cv-07267 | U.S. District Court for the Eastern District of Louisiana

Filed Date: July 28, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about disability access in public accommodations under the Americans with Disabilities Act (ADA). The plaintiff, a wheelchair user, filed this suit on July 28, 2017 in the U.S. District Court for the Eastern District of Louisiana. She sued the Board of Commissioners of the Louisiana Stadium and Exposition District and its chief executive, Kyle France; SMG; Live Nation; and Box Office Ticket Center, LLC under the ADA, the Rehabilitation Act of 1973, and the Louisiana Commission on…

This is a case about disability access in public accommodations under the Americans with Disabilities Act (ADA). The plaintiff, a wheelchair user, filed this suit on July 28, 2017 in the U.S. District Court for the Eastern District of Louisiana. She sued the Board of Commissioners of the Louisiana Stadium and Exposition District and its chief executive, Kyle France; SMG; Live Nation; and Box Office Ticket Center, LLC under the ADA, the Rehabilitation Act of 1973, and the Louisiana Commission on Human Rights after attending a concert at the Mercedes-Benz Superdome in New Orleans, Louisiana. Despite purchasing a ticket for an accessible seat for herself and an adjoining seat for her companion, she alleged that she was made to sit in an ordinary seat without restroom access or a clear line of sight to the performance area and that her wheelchair was taken from her and stored out of sight for the duration of the concert, among other claims. The plaintiff asserted that defendants violated the ADA by failing to make reasonable accommodations to ensure persons with disabilities the equal opportunity to enjoy use of their facilities and services. The plaintiff sought damages, declaratory and injunctive relief, and attorneys' fees and costs.

The case was assigned to Judge Susie Morgan and Magistrate Judge Joseph C. Wilkinson, Jr. On December 15, 2017, Live Nation was dismissed as a defendant and Box Office Ticket Center, LLC was likewise dismissed on February 6, 2018. Settlement talks began in early 2018, but no settlement agreement was reached.

On January 9, 2019, the plaintiff and defendants filed cross-motions for summary judgment. In early March of 2019, Judge Morgan granted in part and denied in part each of the motions for summary judgment. The court held that the plaintiff had standing to seek injunctive relief under Title II of the ADA against the Louisiana Stadium and Exposition District and Kyle France, in his official capacity as chief executive of the Board of Commissioners, and under Title III of the ADA against SMG. 371 F. Supp. 3d 313. However, it held that both the Louisiana Stadium and Exposition District and France were entitled to sovereign immunity on the Title II damages claim and that the Louisiana Stadium and Exposition District was also entitled to sovereign immunity on the Title II claim for injunctive relief. 372 F. Supp. 3d 431. The court denied the remaining portions of the summary judgment motions with respect to liability. 2019 WL 1084705.

A bench trial was held before Judge Morgan on March 11, 2019. On May 14, 2019, the court found that the plaintiff was entitled to recover $20,000 in damages for emotional distress from defendant SMG and that she was entitled to injunctive relief, attorney’s fees, and costs against SMG and France. 385 F. Supp. 3d 491. On July 11, 2019, the court entered judgment in favor of the plaintiff. SMG and France appealed the decision to the Fifth Circuit Court of Appeals on July 30, 2019. That appeal remains pending.

On October 1, 2019, SMG and France were ordered to pay the plaintiff $58,358.62 in attorneys’ fees and $1,307.75 in costs, for a total award of $59,666.37, based on recommendation by Magistrate Judge Wilkinson. 2019 WL 7580772.

Summary Authors

Rachel Harrington (11/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8017875/parties/smith-v-board-of-commissioners-of-the-louisiana-stadium-and-exposition/


Judge(s)

Morgan, Susie [Sue, Donna] (Louisiana)

Attorneys(s) for Plaintiff

Bizer, Andrew David (Louisiana)

Florman, Marc P. (Louisiana)

Hammack, Jacqueline Kaye (Louisiana)

Attorneys(s) for Defendant

Centorino, Scott G. (Louisiana)

Duplantier, Richard G. Jr. (Louisiana)

Fine, Robert S. (Florida)

Walters, Christopher (Louisiana)

Judge(s)

Morgan, Susie [Sue, Donna] (Louisiana)

Attorneys(s) for Plaintiff

Bizer, Andrew David (Louisiana)

Florman, Marc P. (Louisiana)

Hammack, Jacqueline Kaye (Louisiana)

Attorneys(s) for Defendant

Centorino, Scott G. (Louisiana)

Duplantier, Richard G. Jr. (Louisiana)

Fine, Robert S. (Florida)

Walters, Christopher (Louisiana)

Documents in the Clearinghouse

Document

2:17-cv-07267

Docket [PACER]

Smith v. Board of Commissioners of the Louisiana

Oct. 16, 2019

Oct. 16, 2019

Docket
1

2:17-cv-07267

Complaint

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

July 28, 2017

July 28, 2017

Complaint
5

2:17-cv-07267

First Amended Complaint

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Aug. 20, 2017

Aug. 20, 2017

Pleading / Motion / Brief
87

2:17-cv-07267

Order and Reasons

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

March 6, 2019

March 6, 2019

Order/Opinion
91

2:17-cv-07267

Order and Reasons

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

March 7, 2019

March 7, 2019

Order/Opinion
90

2:17-cv-07267

Order and Reasons

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

May 7, 2019

May 7, 2019

Order/Opinion
96

2:17-cv-07267

Findings of Fact and Conclusions of Law

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

385 F.Supp.3d 491, 2019 WL 2098928

May 14, 2019

May 14, 2019

Order/Opinion

2:17-cv-07267

Order

2020 WL 7580772

Oct. 1, 2019

Oct. 1, 2019

Order/Opinion
138

2:17-cv-07267

Order

2019 WL 7580772

Oct. 1, 2019

Oct. 1, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8017875/smith-v-board-of-commissioners-of-the-louisiana-stadium-and-exposition/

Last updated Aug. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-6282042) filed by Nancy Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Board, # 3 Summons to France, # 4 Summons to SMG, # 5 Summons to Live Nation Marketing, Inc., # 6 Summons to Live Nation Mtours (USA), Inc., # 7 Summons to Live Nation Worldwide, Inc., # 8 Summons to Box Office Ticket Center, LLC)Attorney Jacqueline Kaye Hammack added to party Nancy Smith(pty:pla).(Hammack, Jacqueline) (Attachment 2 replaced on 8/1/2017) (clc). (Attachment 3 replaced on 8/1/2017) (clc). (Attachment 4 replaced on 8/1/2017) (clc). (Attachment 5 replaced on 8/1/2017) (clc). (Attachment 6 replaced on 8/1/2017) (clc). (Attachment 7 replaced on 8/1/2017) (clc). (Attachment 8 replaced on 8/1/2017) (clc). (Entered: 07/28/2017)

1 Civil Cover Sheet

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2 Summons to Board

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3 Summons to France

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4 Summons to SMG

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5 Summons to Live Nation Marketing, Inc.

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6 Summons to Live Nation Mtours (USA), Inc.

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7 Summons to Live Nation Worldwide, Inc.

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8 Summons to Box Office Ticket Center, LLC

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July 28, 2017

July 28, 2017

RECAP
2

Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Joseph C. Wilkinson, Jr. (jeg) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
3

Correction of Docket Entry by Clerk re 1 Complaint. **Filing attorney did not properly format the pdf of Summons. The pdf should not have the green header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action.** (clc) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
4

Summons Issued as to Board of Commissioners of the Louisiana Stadium and Exposition District, Box Office Ticket Center, LLC, Kyle France, Live Nation Marketing, Inc., Live Nation Mtours (USA), Inc., Live Nation Worldwide, Inc., SMG. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(clc) (Entered: 08/02/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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Aug. 2, 2017

Aug. 2, 2017

PACER
5

First AMENDED COMPLAINT against Board of Commissioners of the Louisiana Stadium and Exposition District, Box Office Ticket Center, LLC, Kyle France, Live Nation Worldwide, Inc., SMG filed by Nancy Smith.(Hammack, Jacqueline) (Entered: 08/20/2017)

Aug. 20, 2017

Aug. 20, 2017

RECAP
6

WAIVER OF SERVICE Returned Executed; waiver sent to Live Nation Worldwide, Inc. on 8/24/2017, answer due 10/23/2017. (Hammack, Jacqueline) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
7

SUMMONS Returned Executed; Board of Commissioners of the Louisiana Stadium and Exposition District served on 8/25/2017, answer due 9/15/2017. (Bizer, Andrew) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
8

SUMMONS Returned Executed; Kyle France served on 8/25/2017, answer due 9/15/2017. (Bizer, Andrew) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
9

SUMMONS Returned Executed; SMG served on 8/23/2017, answer due 9/13/2017. (Bizer, Andrew) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
10

ANSWER to 5 Amended Complaint and Affirmative Defenses by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG.Attorney Christopher Neal Walters added to party Board of Commissioners of the Louisiana Stadium and Exposition District(pty:dft), Attorney Christopher Neal Walters added to party Kyle France(pty:dft), Attorney Christopher Neal Walters added to party SMG(pty:dft).(Walters, Christopher) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
11

MOTION to Strike 10 Answer to Amended Complaint, by Nancy Smith. Motion(s) will be submitted on 11/1/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "A." to Memorandum in Support, # 3 Notice of Submission, # 4 Proposed Order)(Hammack, Jacqueline) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
12

ORDER: The Court directs the parties to contact the Magistrate Judge assigned to this action within seven days of this date to schedule a conference to iscuss the entry of a case management order. Signed by Judge Susie Morgan on 10/16/2017.(clc) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
13

ANSWER to 5 Amended Complaint by Live Nation Worldwide, Inc..Attorney Richard G. Duplantier, Jr added to party Live Nation Worldwide, Inc.(pty:dft).(Duplantier, Richard) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
14

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice For Robert S. Fine (Filing fee $ 100 receipt number 053L-6430590) by Live Nation Worldwide, Inc.. (Attachments: # 1 Exhibit A - Affidavit, # 2 Exhibit B - Certificate, # 3 Proposed Order)(Duplantier, Richard) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
15

ORDER: As ordered by Judge Morgan, Record Doc. No. 12, a Conference to discuss the entry of a case management order is set in this case on NOVEMBER 7, 2017 at 2:30 p.m. before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/24/2017.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
16

ORDER granting 14 Motion to Appear Pro Hac Vice as to Robert S. Fine. Signed by Judge Susie Morgan. (Attachments: # 1 Pro Hac Notice) (bwn) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
17

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: As ordered by Judge Morgan, Record Doc. No. 15, I conducted a case management conference on this date. As agreed to by plaintiff's counsel, plaintiff's pending 11 motion to strike affirmative defenses, is hereby dismissed without prejudice, reserving plaintiff's right to renotice the motion if this initial attempt at resolution is unsuccessful. I will conduct a follow-up telephone conference on December 20, 2017 at 2:00 p.m. during which counsel will advise me on the status of their discussions and settlement efforts as set forth in document.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 11/08/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
18

SHOW CAUSE ORDER: ORDERED that plaintiff show good cause in writing within twenty days why service of process has not been effected, or the unserved defendant will be dismissed without notice. Signed by Judge Susie Morgan on 11/21/2017.(clc) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
19

EXPARTE/CONSENT MOTION for Extension of Deadlines for Service on Box Office Ticket Center, LLC by Nancy Smith. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Proposed Order)(Hammack, Jacqueline) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
20

ORDER granting 19 Motion for Extension of Deadlines for Service. ORDERED that Plaintiff must obtain service, waiver of service, or the voluntary appearance of Box Office Ticket Center, LLC no later than December 2, 2017. Signed by Judge Susie Morgan on 11/27/2017. (clc) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
21

WAIVER OF SERVICE Returned Executed; waiver sent to Box Office Ticket Center, LLC on 11/13/2017, answer due 1/12/2018. (Hammack, Jacqueline) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
22

EXPARTE/CONSENT Joint MOTION to Dismiss Party Live Nation Worldwide, Inc. with Prejudice by Nancy Smith. (Attachments: # 1 Proposed Order)(Bizer, Andrew) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
23

ORDER granting 22 Motion to Dismiss Party. Party Live Nation Worldwide, Inc. dismissed. Signed by Judge Susie Morgan on 12/14/2017. (clc) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
24

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 12/20/2017. The parties substantially complied with the court's prior order, Record Doc. No. 17, by obtaining the appearance of all proper parties, exchanging initial information and preliminarily conferring with each other. Further settlement efforts will proceed as follows: No later than January 22, 2018, counsel will continue their efforts to verify the basic facts and exchange the specific additional information discussed during the conference concerning the identity of the Superdome event staffer and the content of her communications with plaintiff. Counsel will then confer among themselves to determine whether the framework of an early settlement of this matter can be agreed upon and report to me on the results of their efforts during a telephone conference on January 29, 2018 at 10:30 a.m.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER
25

SHOW CAUSE ORDER. Signed by Judge Susie Morgan on 1/18/2018.(clc) (Entered: 01/22/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
26

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Settlement Conference held on 1/29/2018. ORDERED that the agreed-upon stay of all litigation activities previously imposed, Records Doc. No. 17, is hereby LIFTED. Litigation activities, including discovery, may commence. ORDERED that defendant Box Office must file its answer or responsive motion no later than 2/16/2018. (NEF: Sect E) (caa) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
27

NOTICE of Voluntary Dismissal Without Prejudice as to Box Office Ticket Center, LLC by Nancy Smith. (Hammack, Jacqueline) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
28

PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 2/22/2018 at 10:00 AM before case manager by telephone. Signed by Clerk.(bwn) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
29

SCHEDULING ORDER: Status Conference set for 4/10/2018 at 2:30 PM before Judge Susie Morgan. Final Pretrial Conference set for 1/31/2019 at 1:00 PM before Judge Susie Morgan. 3 Day Bench Trial set for 2/25/2019 at 9:00 AM before Judge Susie Morgan. All discovery must be completed by 12/17/2018. (Attachments: # 1 Pretrial Notice Form)(bwn) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
30

Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 4/10/2018. (bwn) (Entered: 04/11/2018)

April 10, 2018

April 10, 2018

PACER
31

EXPARTE/CONSENT MOTION to Withdraw Counsel Marc P. Florman by Nancy Smith. (Attachments: # 1 Proposed Order)(Florman, Marc) Modified text on 10/12/2018 (sbs). (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
32

ORDER granting 31 Motion to Withdraw as Attorney. Attorney Marc P. Florman terminated. Signed by Judge Susie Morgan on 10/12/2018. (jeg) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
33

Witness and Exhibit List by Nancy Smith. (Hammack, Jacqueline) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
34

Witness and Exhibit List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
35

ORDER re 33 Witness and Exhibit List filed by Nancy Smith, 34 Witness and Exhibit List filed by SMG, Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District - IT IS ORDERED that the parties file amended witness and exhibit lists incorporating the requirements described herein by Wednesday, December 5, 2018 at 5:00 p.m. Signed by Judge Susie Morgan.(bwn) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
36

Amended Witness and Exhibit List by Nancy Smith. (Hammack, Jacqueline) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
37

Amended Witness and Exhibit List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
38

ORDER: As ordered by Judge Morgan, Record Doc. No. 29, a Settlement Conference is set in this case on JANUARY 8, 2019 at 3:30 p.m., before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/14/2018.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
39

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Excess of the Page Limitations by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Motion for Summary Judgment, # 3 Proposed Pleading Memorandum in Support, # 4 Proposed Pleading Statement of Undisputed Facts, # 5 Proposed Pleading Exhibit List, # 6 Proposed Pleading Exhibit 1, # 7 Proposed Pleading Exhibit 2, # 8 Proposed Pleading Exhibit 3, # 9 Proposed Pleading Exhibit 4, # 10 Proposed Pleading Exhibit 5, # 11 Proposed Pleading Exhibit 6, # 12 Proposed Pleading Notice of Submission)(Walters, Christopher) Modified text on 12/26/2018 (mm). (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
40

MOTION for Partial Summary Judgment as to SMG by Nancy Smith. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts, # 4 Exhibit A., # 5 Exhibit B., # 6 Exhibit C., # 7 Exhibit D., # 8 Exhibit E., # 9 Exhibit F., # 10 Exhibit G., # 11 Exhibit H.)(Hammack, Jacqueline) (Attachment 6 replaced on 12/26/2018) (mm). (Attachment 7 replaced on 12/26/2018) (mm). (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
41

MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France by Nancy Smith. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts, # 4 Exhibit A., # 5 Exhibit B., # 6 Exhibit C., # 7 Exhibit D., # 8 Exhibit E., # 9 Exhibit F., # 10 Exhibit G., # 11 Exhibit H.)(Hammack, Jacqueline) (Attachment 6 replaced on 12/26/2018) (mm). (Attachment 7 replaced on 12/26/2018) (mm). (Entered: 12/24/2018)

Dec. 24, 2018

Dec. 24, 2018

PACER
42

Correction of Docket Entry by Clerk re 40 MOTION for Partial Summary Judgment as to SMG., 41 Motion for Partial Summary Judgment. **Images in attachments 6 & 7 were filed sideways. Clerk has corrected images. Please adjust scanner for future filings. No further action necessary.** (mm) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
43

NOTICE: Because R. Docs. 40 and 41 contain more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of each submission in separate binders as set forth in notice. Signed by Clerk.(bwn) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
44

ORDER granting 39 Motion for Leave to File Memorandum In in Support of Defendants' Motion for Summary Judgment in Excess Pages. Signed by Judge Susie Morgan on 12/26/2018. (jeg) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
45

MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Notice of Submission)(jeg) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
46

NOTICE: Because R. Doc. 45 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
47

EXPARTE/CONSENT Joint MOTION for Extension of Time to File Oppositions as to 40 MOTION for Partial Summary Judgment as to SMG, 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France, 45 MOTION for Summary Judgment by Nancy Smith, Board of Commissioners of the Louisiana Stadium and Exposition District, SMG. (Attachments: # 1 Proposed Order)(Hammack, Jacqueline) Modified filers on 12/28/2018 (mm). (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
48

Amendment/Supplement to Document (Table of Contents & Table of Citations) by Nancy Smith re 40 MOTION for Partial Summary Judgment as to SMG (Hammack, Jacqueline) Modified text on 12/28/2018 (mm). (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
49

Amendment/Supplement to Document (Table of Contents & Table of Citations) by Nancy Smith re 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France (Hammack, Jacqueline) Modified text on 12/28/2018 (mm). (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
50

Correction of Docket Entry by Clerk re 47 Joint MOTION for Extension of Time to File Response/Reply. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mm) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
51

Supplement to Memorandum in Support of 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) Modified text on 12/31/2018 (sbs). (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
52

Supplement to Memorandum in Support re 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) Modified text on 12/31/2018 (sbs). (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
53

ORDER granting 47 Motion for Extension of Time to File Oppositions as to 40 MOTION for Partial Summary Judgment as to SMG, 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France, 45 MOTION for Summary Judgment. The respective oppositions to the pending cross-Motions for Summary Judgment no later than January 9, 2019. Signed by Judge Susie Morgan. (bwn) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
54

ORDER: The court having been advised of defendants' settlement position, and to save plaintiff the time and expense of attending what appears to be a fruitless exercise, IT IS ORDERED that the settlement conference previously scheduled for January 8, 2019, is hereby CANCELLED, to be reset when all parties agree that they are prepared to discuss a possible compromise. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/7/2019. (mmv) (NEF: HON. SUSIE MORGAN) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
55

EXPARTE/CONSENT MOTION for Leave to Exceed Page Limitation to File Opposition to 45 Motion for Summary Judgment by Nancy Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit, # 4 Proposed Pleading Exhibit, # 5 Proposed Pleading Exhibit)(Hammack, Jacqueline) Modified text on 1/10/2019 (sbs). (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
56

RESPONSE/MEMORANDUM in Opposition filed by SMG re 40 MOTION for Partial Summary Judgment as to SMG. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Walters, Christopher) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
57

RESPONSE/MEMORANDUM in Opposition filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France re 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Walters, Christopher) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
58

ORDER granting 55 Motion for Leave to Exceed Page Limitation. Signed by Judge Susie Morgan on 1/10/19. (sbs) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
59

RESPONSE/MEMORANDUM in Opposition filed by Nancy Smith re 45 MOTION for Summary Judgment. (Attachments: # 1 Response to Statement of Facts, # 2 Plaintiff's Statement of Facts, # 3 Exhibit)(sbs) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
60

EXPARTE/CONSENT Unopposed MOTION to Dismiss With Prejudice by Nancy Smith. (Attachments: # 1 Proposed Order)(Hammack, Jacqueline) Modified text on 1/11/2019 (sbs). (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
61

ORDER re 57 Response/Memorandum in Opposition to Motion, filed by Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District, 56 Response/Memorandum in Opposition to Motion filed by SMG - IT IS ORDERED that, pursuant to Federal Rule of Civil Procedure 56(e)(1), Defendants file amended oppositions to Plaintiff's statements of uncontested facts by Wednesday, January 16, 2019. When denying a fact in Plaintiff's statements of uncontested facts, Defendants must include specific references to documents in the record that support their denial of the fact. It is insufficient to state only that a fact is "denied as written" without citations to record evidence. Signed by Judge Susie Morgan.(bwn) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
62

ORDER granting 60 Motion to Dismiss with Prejudice. IT IS HEREBY ORDERED that the claims herein are hereby dismissed with prejudice. Signed by Judge Susie Morgan. (bwn) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
63

Responses to Plaintiff's Statement of Uncontroverted Material Facts by SMG re 56 Response/Memorandum in Opposition to Motion. (Walters, Christopher) Modified text on 1/17/2019 (sbs). (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
64

Responses to Plaintiff's statement of Uncontroverted Material Facts by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France re 57 Response/Memorandum in Opposition to Motion. (Walters, Christopher) Modified text on 1/17/2019 (sbs). (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
65

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit)(Walters, Christopher) Modified text on 1/23/2019 (sbs). (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
66

ORDER granting 65 Motion for Leave to File Reply Memorandum in Support of 45 MOTION for Summary Judgment. Signed by Judge Susie Morgan. (bwn) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
67

REPLY to Response to Motion filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG re 45 MOTION for Summary Judgment. (Attachments: # 1 Exhibit)(bwn) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
68

ORDER - The pretrial conference currently set for Thursday, 1/31/2019 at 1:00 p.m. is CONTINUED to Friday, 2/1/2019 at 10:00 a.m. Signed by Judge Susie Morgan on 1/28/19.(sbs) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
69

Proposed Pretrial Order by Nancy Smith, SMG, Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District.(Bizer, Andrew) Modified filers 1/29/2019 (sbs). (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
70

Minute Entry for proceedings held before Judge Susie Morgan: Final Pretrial Conference held on 2/1/2019. IT IS ORDERED that the parties comply with the pre-trial deadlines as set forth herein. (Attachments: # 1 Pretrial Notice Form) (bwn) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
71

ORDER: As ordered by Judge Morgan, Record Doc. No. 70, a Settlement Conference is set in this case on FEBRUARY 7, 2019, at 3:30 p.m. before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/4/2019.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

PACER
72

Supplemental Memorandum filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG, in Support of 45 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(Walters, Christopher) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
73

Final Witness List by Nancy Smith. (Hammack, Jacqueline) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
74

Final Witness List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
75

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: A settlement conference was conducted on this date before the undersignedmagistrate judge. No settlement was reached. (mmv) (NEF: HON. SUSIE MORGAN) (Entered: 02/08/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
76

Supplemental Memorandum on the Source of LSED'S Funding filed by Nancy Smith re 45 MOTION for Summary Judgment. (Bizer, Andrew) Modified text on 2/11/2019 (sbs). (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
77

ORDER - Due to a conflict in the Court's calendar, and with the consent of the parties; IT IS ORDERED that the trial in this matter currently set for February 25, 2019 is CONTINUED to March 11, 2019, at 9:00 a.m. IT IS FURTHER ORDERED that all deadlines leading up to the trial, beginning with the summary of what each party intends to prove, are amended as shown herein. The parties are to adhere to the amended deadlines. Signed by Judge Susie Morgan on 2/11/2019. (Attachments: # 1 Pretrial Notice Form)(bwn) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
79

Minute Entry for proceedings held before Judge Susie Morgan: Two telephone status conferences were held on February 14, 2019. Plaintiff will move for leave to substitute as a Defendant the Louisiana Stadium and Exposition District in place of the Board of Commissioners of the Louisiana Stadium and Exposition District by no later than Friday, February 15, 2019 at 5:00 p.m. Plaintiff will file a motion to expedite consideration of her motion for leave to substitute by no later than Friday, February 15, 2019 at 5:00 p.m. (clc) (Entered: 02/15/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
78

EXPARTE/CONSENT MOTION to Expedite 81 Motion to Substitute Party. Louisiana Stadium and Exposition District to be substituted in place of The Board of Commissioners of the Louisiana Stadium and Exposition District by Nancy Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Memorandum in Support, # 4 Notice of Submission)(Bizer, Andrew) Modified text on 2/19/2019 (sbs). (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
80

ORDER granting 78 Motion to Expedite. Defendants will file an opposition to Plaintiff's Motion to Substitute Party by no later than Tuesday, February 19, 2019, at 12:00 p.m. Signed by Judge Susie Morgan on 2/18/19.(tsf) (Entered: 02/18/2019)

Feb. 18, 2019

Feb. 18, 2019

PACER
81

MOTION to Substitute Party. Louisiana Stadium and Exposition District to be substituted in place of Board of Commissioners of the Louisiana Stadium and Exposition District by Nancy Smith. Motion(s) will be submitted on 3/6/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission) (tsf) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
82

ORDER granting 81 Motion to Substitute Party. IT IS ORDERED that motion for leave to substitute as a Defendant the Louisiana Stadium and Exposition District in place of the Board of Commissioners of the Louisiana Stadium and Exposition District, filed by Plaintiff Nancy Smith, be and hereby is GRANTED. The Louisiana Stadium and Exposition District is hereby SUBSTITUTED as a Defendant in this action in place of the Board of Commissioners of the Louisiana Stadium and Exposition District. Signed by Judge Susie Morgan. (bwn) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
83

EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record Angela J. O'Brien by Kyle France, Louisiana Stadium and Exposition District, SMG. (Attachments: # 1 Proposed Order)(Walters, Christopher) Modified text on 3/4/2019 (sbs). (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
84

Suggested Findings of Fact & Conclusions of Law by Nancy Smith. (Bizer, Andrew) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
85

Proposed Findings of Fact & Conclusions of Law by Kyle France, Louisiana Stadium and Exposition District, SMG. (Walters, Christopher) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
86

PRETRIAL MEMORANDUM by Kyle France, Louisiana Stadium and Exposition District, SMG. (Walters, Christopher) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
87

ORDER AND REASONS - IT IS ORDERED that the [40, 41] motions for summary judgment, filed by Plaintiff Nancy Smith be and hereby are GRANTED IN PART with respect to Plaintiff's standing to seek injunctive relief under Title II of the ADA against Defendants the Louisiana Stadium and Exposition District and Kyle France, sued in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, and under Title III of the ADA against Defendant SMG. IT IS FURTHER ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and France, be and hereby is DENIED IN PART with respect to Plaintiff's standing to sue for injunctive relief. Signed by Judge Susie Morgan. (bwn) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

RECAP
88

ORDER - IT IS ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby is GRANTED IN PART. Judgment is entered in favor of the Louisiana Stadium and Exposition District with respect to the claims against it for damages and injunctive relief and in favor of France with respect to the claims against him for damages. Signed by Judge Susie Morgan.(bwn) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

RECAP
89

ORDER granting 83 Motion to Enroll Attorney Angela J. O'Brien as Additional Counsel of Record for Kyle France, Louisiana Stadium and Exposition District, and SMG. Signed by Judge Susie Morgan. (bwn) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
90

ORDER AND REASONS - IT IS ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby is GRANTED IN PART. The Louisiana Stadium and Exposition District is entitled to sovereign immunity on Plaintiff's claims for damages and injunctive relief against it under Title II of the Americans with Disabilities Act. France is entitled to sovereign immunity on Plaintiff's claim for damages against him under Title II of the Americans with Disabilities Act, but not on Plaintiff's claim for injunctive relief against him under Title II of the Americans with Disabilities Act. Signed by Judge Susie Morgan.(bwn) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

RECAP
91

ORDER AND REASONS - IT IS ORDERED that the remaining portions of the [40, 41, 45] cross-motions for summary judgment, filed by Plaintiff Nancy Smith and Defendants SMG and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby are DENIED. Signed by Judge Susie Morgan.(bwn) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

RECAP
92

PRETRIAL ORDER. Signed by Judge Susie Morgan.(bwn) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
93

Minute Entry for proceedings held before Judge Susie Morgan: Bench Trial held and completed on 3/11/2019. (Court Reporter Mary Thompson.) (bwn) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

RECAP
94

Trial Exhibit List. (bwn) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
95

Original Trial Exhibits for trial held on March 11, 2019 before Judge Susie Morgan. NOTE: This document will only be accessible to the attorneys in the case. The general public will NOT be able to view this document. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 15)(bwn) (Entered: 03/26/2019)

March 26, 2019

March 26, 2019

PACER
96

FINDINGS OF FACT AND CONCLUSIONS OF LAW - The Court finds that Plaintiff Nancy Smith is entitled to recover from Defendant SMG $20,000 in damages for emotional distress. The Court further finds Plaintiff is entitled to injunctive relief, attorneys' fees, and costs against SMG and against Defendant Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District. The Court will enter a judgment to that effect by separate order. Parties to further comply as stated herein. Signed by Judge Susie Morgan on 5/14/2019.(sbs) (Entered: 05/14/2019)

May 14, 2019

May 14, 2019

RECAP
97

MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses by Nancy Smith. Motion(s) will be submitted on 6/19/2019. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 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 Exhibit)(Bizer, Andrew) (Main Document 97 replaced on 5/22/2019) (sbs). Modified text on 5/22/2019 (sbs). (Entered: 05/22/2019)

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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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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May 22, 2019

May 22, 2019

RECAP

Correction of Docket Entry by Clerk

May 22, 2019

May 22, 2019

PACER
98

Correction of Docket Entry by Clerk re 97 MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses. **Motion contained an error. Corrected motion subsequently provided to clerk. Clerk replaced motion with corrected version. No further action necessary.** (sbs) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
99

Correction of Docket Entry by Clerk re 97 MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses. **This motion should have been referred to the Magistrate Judge, Joseph C. Wilkinson, Jr. Clerk took corrective action and referred the motion and reset the submission date for 6/19/2019.** (sbs) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 28, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Patron with disability who was denied reasonable accommodations during concert.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Louisiana Stadium and Exposition District, State

Defendant Type(s):

Movie Theater or Other Entertainment facility

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $79,666.37

Content of Injunction:

Reasonable Accommodation

Issues

General:

Access to public accommodations - governmental

Access to public accommodations - privately owned

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run