Case: Moran v. Landrum-Johnson

2:19-cv-13553 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Nov. 11, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 11, 2019, a pretrial detainee filed this class-action lawsuit in the U.S. District Court for the Eastern District of Louisiana alleging that twelve judges of the Orleans Parish Criminal District Court ("OPCDC") unlawfully imposed secured financial conditions of release in an amount that individuals cannot afford, without any inquiry into or findings concerning their ability to pay or alternatives to incarceration. The lawsuit was brought under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201–…

On November 11, 2019, a pretrial detainee filed this class-action lawsuit in the U.S. District Court for the Eastern District of Louisiana alleging that twelve judges of the Orleans Parish Criminal District Court ("OPCDC") unlawfully imposed secured financial conditions of release in an amount that individuals cannot afford, without any inquiry into or findings concerning their ability to pay or alternatives to incarceration. The lawsuit was brought under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201– 02 alleging violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment and seeking declaratory relief. The Plaintiff, represented by the MacArthur Justice Center and Civil Rights Corps, sued on behalf of a putative class consisting of all individuals with pending state misdemeanor or felony cases who would, after acceptance of their charges by the District Attorney, appear before the Defendant Judges for proceedings concerning pretrial release.

The complaint alleged that the Defendant judges’ imposition of bail without inquiring whether the arrestee could pay it constituted de facto orders of pretrial detention for those unable to pay. This constitutional violation was allegedly incentivized by the Defendants’ institutional financial conflict of interest. If (and only if) an arrestee uses a commercial surety to secure pretrial release, the OPCDC judges receive 0.8% of the amount of that bond that goes into a general fund used to pay a variety of expenses related to the judiciary. The Plaintiff filed an amended complaint on December 20 which added one more Plaintiff to represent the class.

The case was initially assigned to Judge Greg Gerard Guidry, but after he recused himself it was reassigned to Judge Carl Barbier. It was then transferred to Judge Eldon Falon who oversaw the proceedings in Caliste v. Cantrell, a similar case that alleged improper bail practices against a magistrate judge in the Criminal District Court. Read more about Caliste v. Cantrell here.

On March 13, 2020, the Defendants moved to dismiss the claims for lack of jurisdiction. The Defendants argued that the Plaintiffs’ claim was not redressible because the court cannot eliminate the Judges’ roles as both adjudicators of criminal matters and administrators of the general fund. Defendants argued that Louisiana law established the Judges’ role as adjudicators and fund administrators, and the Plaintiffs attacked the Judges’ impartiality but did not challenge the constitutionality of the Louisiana statutes. The defendants filed a second motion to dismiss for lack of jurisdiction on March 31.

A hearing was held on May 27, 2020 regarding Plaintiffs’ motion to certify the class and both of Defendants’ motions to dismiss for lack of jurisdiction. Also, Judge Fallon granted Plaintiffs’ motion to consolidate this case with Matthews v. Herman (No. 20-cv-1275) as the cases involved common parties and questions of law. 2020 WL 3036065.

The Defendants also filed a motion to dismiss for lack of jurisdiction on July 6, contending that the injuries were too speculative and could not be attributed to any particular judge. On August 21, Judge Fallon denied the Plaintiffs' motion to certify, finding that there was not sufficient evidence to support the assertion that the Defendant-judges acted in a uniform manner. Judge Fallon noted that the Plaintiffs could seek certification again after engaging in discovery. In the same order, Judge Fallon also denied the Defendants' motion to dismiss as the Court declined to determine whether the Plaintiffs had standing before deciding the class certification question. 2020 WL 4923626. Additionally, on July 7, the parties agreed to a voluntary dismissal without prejudice of the Plaintiffs' due process claim based on a financial conflict of interest in Defendants’ pretrial detention practices.

As of September 7, the case is ongoing.

Summary Authors

Justin Hill (9/7/2020)

Related Cases

Caliste v. Cantrell, Eastern District of Louisiana (2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16453690/parties/moran-v-landrum-johnson/


Judge(s)

Fallon, Eldon E. (Louisiana)

North, Michael B. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Attorneys(s) for Defendant

Duffourc, Mindy Nunez (Louisiana)

Phayer, Dennis J. (Louisiana)

Judge(s)

Fallon, Eldon E. (Louisiana)

North, Michael B. (Louisiana)

Attorneys(s) for Plaintiff

Craig, James W. (Louisiana)

Foley, Eric Andrew (Louisiana)

Karakatsanis, Alec (District of Columbia)

Attorneys(s) for Defendant

Duffourc, Mindy Nunez (Louisiana)

Phayer, Dennis J. (Louisiana)

Documents in the Clearinghouse

Document

2:19-cv-13553

Docket [PACER]

Aug. 6, 2020

Aug. 6, 2020

Docket
1

2:19-cv-13553

Class Action Complaint

Nov. 11, 2019

Nov. 11, 2019

Complaint
10

2:19-cv-13553

Amended Class Action Complaint

Dec. 20, 2019

Dec. 20, 2019

Complaint
67

2:19-cv-13553

Order & Reasons

2020 WL 4923626

Aug. 21, 2020

Aug. 21, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16453690/moran-v-landrum-johnson/

Last updated July 16, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L. Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Franz L Zibilich, Benedict Willard(Filing fee $ 400 receipt number ALAEDC-7952733) filed by Miles Moran. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) Attorney Eric A. Foley added to party Miles Moran(pty:pla).(Foley, Eric) (Entered: 11/12/2019)

1 Civil Cover Sheet

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2 Summons

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Nov. 11, 2019

Nov. 11, 2019

RECAP
2

Notice of Related Case(s) 17-cv-06197-EEF-MBN, 19-cv-13503 by All Plaintiffs. (Foley, Eric) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER

Initial Case Assignment

Nov. 12, 2019

Nov. 12, 2019

PACER
3

MOTION to Certify Class by Miles Moran. Motion(s) will be submitted on 11/27/2019. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Notice of Submission)(Foley, Eric) Modified text/submission date on 11/13/2019 (mm). (Entered: 11/12/2019)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Notice of Submission (Civil Only)

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Nov. 12, 2019

Nov. 12, 2019

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4

Initial Case Assignment to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby. (ess) (Entered: 11/12/2019)

Nov. 12, 2019

Nov. 12, 2019

PACER
5

Summons Issued as to Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons)(mm) (Entered: 11/13/2019)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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Nov. 13, 2019

Nov. 13, 2019

PACER

Correction of Docket Entry by Clerk

Nov. 13, 2019

Nov. 13, 2019

PACER
6

Correction of Docket Entry by Clerk re 3 MOTION to Certify Class. 1. Filing attorney selected incorrect submission date. Correct date is 11/27/2019 before Judge Guidry. Clerk took corrective action. 2. Document does not contain Section and Magistrate Judge. All future pleadings must reflect Section T and Magistrate (4).** (mm) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
7

ORDER OF RECUSAL. Judge Greg Gerard Guidry recused. Case reassigned to Judge Carl Barbier. Signed by Judge Greg Gerard Guidry on 11/13/19.(ko) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
8

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. (Attachments: # 1 Proposed Order)Attorney Dennis J. Phayer added to party Paul A Bonin(pty:dft), Attorney Dennis J. Phayer added to party Camille Buras(pty:dft), Attorney Dennis J. Phayer added to party Darryl A. Derbigny(pty:dft), Attorney Dennis J. Phayer added to party Tracey Flemings-Davillier(pty:dft), Attorney Dennis J. Phayer added to party Karen K. Herman(pty:dft), Attorney Dennis J. Phayer added to party Arthur L Hunter(pty:dft), Attorney Dennis J. Phayer added to party Keva Landrum-Johnson(pty:dft), Attorney Dennis J. Phayer added to party Robin D. Pittman(pty:dft), Attorney Dennis J. Phayer added to party Dennis Waldron(pty:dft), Attorney Dennis J. Phayer added to party Laurie A White(pty:dft), Attorney Dennis J. Phayer added to party Benedict Willard(pty:dft), Attorney Dennis J. Phayer added to party Franz L Zibilich(pty:dft).(Phayer, Dennis) (Entered: 12/09/2019)

1 Proposed Order

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Dec. 9, 2019

Dec. 9, 2019

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9

ORDER granting 8 Motion for Extension of Time to Answer as to all defendants. Defendants shall have until December 31, 2019 to file responsive pleadings to the Complaint. Signed by Judge Carl Barbier on 12/10/2019. (cg) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
10

First AMENDED COMPLAINT against All Defendants filed by Miles Moran, Gerard Taylor.Attorney Eric A. Foley added to party Gerard Taylor(pty:pla).(Foley, Eric) Modified on 12/23/2019 (cg). Modified on 12/23/2019 (cg). (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
11

EXPARTE/CONSENT MOTION to join Plaintiff Miles Moran's Motion to Certify a Class Action 3 by Gerard Taylor. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Foley, Eric) (Entered: 12/20/2019)

1 Memorandum in Support

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2 Proposed Order

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Dec. 20, 2019

Dec. 20, 2019

PACER
12

ANSWER to 10 Amended Complaint with Jury Demand by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich.(Phayer, Dennis) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
13

ORDER TRANSFERRING CASE. The Court has been informed that the above-captioned case is related to Civil Action No. 17-6197, Caliste v. Cantrell, previously allotted to Section "L"(5) of this Court. Accordingly, IT IS HEREBY ORDERED that the above-captioned matter be TRANSFERRED to Section "L"(5) for further proceedings. Signed by Judge Carl Barbier on 1/28/2020.(cg) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

PACER
14

EXPARTE/CONSENT MOTION to Set Rule 16(b) Scheduling Conference by Miles Moran, Gerard Taylor. (Attachments: # 1 Proposed Order)(Foley, Eric) Modified text/referral on 2/18/2020 (jeg). (Entered: 02/17/2020)

1 Proposed Order

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Feb. 17, 2020

Feb. 17, 2020

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15

Correction of Docket Entry by Clerk re 14 MOTION to Set Rule 16(b) Scheduling Conference. **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. No further action necessary.** (jeg) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER

Correction of Docket Entry by Clerk

Feb. 18, 2020

Feb. 18, 2020

PACER
16

ORDER: Considering the pending motions in the above-captioned matter, IT IS ORDERED that the parties participate in a telephone status conference on 3/16/2020 01:30 PM before Judge Eldon E. Fallon. Signed by Judge Eldon E. Fallon on 03/06/2020.(ko) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
17

MOTION to Dismiss for Lack of Jurisdiction by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. Motion(s) will be submitted on 4/1/2020. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Duffourc, Mindy) (Entered: 03/13/2020)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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March 13, 2020

March 13, 2020

PACER
18

Minute Order. Proceedings held before Judge Eldon E. Fallon: A Status Conference was held on 3/16/2020. The parties discussed the status of the case and procedural plans to move it forward. ORDERED that the 14 MOTION to Set Rule 16(b) Scheduling Conference is GRANTED, and that the parties participate in a scheduling conference on Tuesday, March 31, 2020 at 10 a.m. (jeg) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER
19

PRELIMINARY CONFERENCE NOTICE: A PRELIMINARY CONFERENCE will be held BY TELEPHONE on TUESDAY, MARCH 31, 2020, at 10:00AM, for the purpose of scheduling a pre-trial conference and trial on the merits and for a discussion of the status and discovery cut-off dates. The Court will initiate the call. By the Clerk.(jeg) (Entered: 03/17/2020)

March 17, 2020

March 17, 2020

PACER
20

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 17 MOTION to Dismiss for Lack of Jurisdiction . (Foley, Eric) Modified text/event on 3/25/2020 (jeg). (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
21

Correction of Docket Entry by Clerk re 20 Response to Motion. **Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition. Clerk took corrective action by changing the event. No further action necessary.** (jeg) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER

Correction of Docket Entry by Clerk

March 25, 2020

March 25, 2020

PACER
22

ORDER granting 11 Motion for Leave to Join Plaintiff Miles Moran's Motion to Certify a Class Action. Signed by Judge Eldon E. Fallon on 03/25/2020. (ko) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
23

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Partial Motion to Dismiss 12(b)(1) by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading)(Phayer, Dennis) (Entered: 03/30/2020)

1 Memorandum in Support

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2 Proposed Order

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3 Proposed Pleading

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March 30, 2020

March 30, 2020

PACER
24

ORDER - IT IS ORDERED that Defendant file an opposition to the 3 MOTION to Certify Class filed by Miles Moran, if any, by Friday, April 10, 2020. Signed by Judge Eldon E. Fallon on 3/30/20.(dno) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
25

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alec Karakatsanis (Filing fee $ 100 receipt number ALAEDC-8239864) by Miles Moran, Gerard Taylor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Foley, Eric) Modified text on 3/31/2020 (jeg). (Entered: 03/30/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order

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March 30, 2020

March 30, 2020

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26

ORDER GRANTING 25 Motion to Appear Pro Hac Vice as to Alec George Karakatsanis. Signed by Judge Eldon E. Fallon on 3/31/2020. (Attachments: # 1 PHV Notice) (jeg) (Entered: 03/31/2020)

1 PHV Notice

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March 31, 2020

March 31, 2020

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27

SCHEDULING ORDER: Final Pretrial Conference set for 10/20/2020 01:30 PM before Judge Eldon E. Fallon. Status Conference set for 5/7/2020 01:30 PM before Judge Eldon E. Fallon. Jury Trial set for 11/2/2020 08:30 AM before Judge Eldon E. Fallon. All discovery must be completed by 9/21/2020. Signed by Judge Eldon E. Fallon on 3/31/20. (Attachments: # 1 Pretrial Notice Form)(dno) (Entered: 03/31/2020)

1 Pretrial Notice Form

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March 31, 2020

March 31, 2020

PACER
28

MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. Motion(s) will be submitted on 4/15/2020. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Proposed Order)(Duffourc, Mindy) (Entered: 03/31/2020)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Notice of Submission (Civil Only)

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5 Proposed Order

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March 31, 2020

March 31, 2020

PACER
29

ORDER GRANTING 23 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 3/31/2020. (jeg) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
30

REPLY to Response to Motion filed by All Defendants re 17 MOTION to Dismiss for Lack of Jurisdiction . (jeg) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
31

EXPARTE/CONSENT Consent MOTION for Extension of Time to File Opposition Memorandum to Defendants' Second Motion to Dismiss by Miles Moran, Gerard Taylor. (Attachments: # 1 Proposed Order)(Foley, Eric) (Entered: 04/06/2020)

1 Proposed Order

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April 6, 2020

April 6, 2020

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32

ORDER GRANTING 31 Motion for Extension of Time to File Opposition Memorandum to Defendants' Second Motion to Dismiss. Plaintiffs shall have leave to file a memorandum in opposition to Defendants motion on or before April 13, 2020. Signed by Judge Eldon E. Fallon on 4/7/2020. (jeg) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
33

RESPONSE/MEMORANDUM in Opposition filed by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich re 3 MOTION to Certify Class . (Attachments: # 1 Exhibit, # 2 Exhibit)(Duffourc, Mindy) (Entered: 04/09/2020)

1 Exhibit

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2 Exhibit

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April 9, 2020

April 9, 2020

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34

RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re 28 MOTION to Dismiss for Lack of Jurisdiction 12(b)(1) . (Attachments: # 1 Exhibit A)(Foley, Eric) (Entered: 04/13/2020)

1 Exhibit A

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April 13, 2020

April 13, 2020

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35

MOTION for Leave to File Reply to rec doc 28 filed by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading, # 3 Proposed Order)(Duffourc, Mindy) Modified text/event on 4/16/2020 (jeg). (Entered: 04/15/2020)

1 Memorandum in Support

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2 Proposed Pleading

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3 Proposed Order

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April 15, 2020

April 15, 2020

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36

Correction of Docket Entry by Clerk re 35 Reply to Response to Motion. **Filing attorney selected incorrect event. Correct event is MOTION for Leave to File Document. Clerk took corrective action by changing the event. No further action necessary.** (jeg) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER

Correction of Docket Entry by Clerk

April 16, 2020

April 16, 2020

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37

ORDER GRANTING 35 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 4/16/2020. (jeg) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

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38

REPLY to Response to Motion filed by All Defendants re 28 MOTION to Dismiss for Lack of Jurisdiction 12(b)(1). (jeg) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

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39

ORDER re 3 MOTION to Certify Class, 17 MOTION to Dismiss for Lack of Jurisdiction, 28 MOTION to Dismiss for Lack of Jurisdiction 12(b)(1). IT IS ORDERED that oral argument on the aforementioned motions shall be held on Wednesday, May 27, 2020 from the Courtroom of the Honorable Eldon E. Fallon. Due to ongoing concerns regarding the global outbreak of COVID-19, the Court will discuss the logistics of the oral argument, including the timing thereof, at the telephone status conference scheduled for Thursday, May 7, 2020 at 1:30 p.m. The parties are reminded the use the following dial in-information to participate in the status conference and are expected to be on the line at least five minutes before the scheduled start time. Dial In: (877) 336 1839 Access Code: 4227405. Signed by Judge Eldon E. Fallon on 4/29/2020.(jeg) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

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40

**DEFICIENT** MOTION to Consolidate Cases by Miles Moran, Gerard Taylor. Motion(s) will be submitted on 6/10/2020. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Foley, Eric) Modified on 5/7/2020 (jeg). (Entered: 05/06/2020)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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May 6, 2020

May 6, 2020

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41

Minute Entry for proceedings held before Judge Eldon E. Fallon: A Telephone Status Conference was held on 5/7/2020. The parties discussed the status of the case and procedural plans to move it forward. The Court also discussed the logistics of oral argument, scheduled for Wednesday, May 27, 2020. Oral argument will be conducted by telephone, and will begin at 11:00 a.m. The Court will circulate dial-in information prior a few days before oral argument. (jeg) (Entered: 05/08/2020)

May 7, 2020

May 7, 2020

PACER
42

MOTION to Consolidate Cases by Miles Moran, Gerard Taylor. Motion(s) will be submitted on 6/10/2020. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Foley, Eric) (Entered: 05/13/2020)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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May 13, 2020

May 13, 2020

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43

Minute Entry for proceedings held before Judge Eldon E. Fallon: A Motion Hearing was held on 5/27/2020 re: 3 MOTION to Certify Class- After argument Motion was taken under submission, 17 MOTION to Dismiss for Lack of Jurisdiction- After argument Motion was taken under submission 28 MOTION to Dismiss for Lack of Jurisdiction- After argument Motion was taken under submission(Court Reporter Cathy Pepper.) (jeg) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

PACER
44

RESPONSE/MEMORANDUM in Opposition filed by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich re 42 MOTION to Consolidate Cases . (Duffourc, Mindy) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
45

ORDER AND REASONS GRANTING 42 Motion to Consolidate Cases. IT IS FURTHER ORDERED that all pleadings hereinafter filed in this consolidated proceeding shall bear the caption of the lead consolidated case (No. 19-13553) as set forth in document. Signed by Judge Eldon E. Fallon on 6/4/2020. (jeg) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

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46

EXPARTE/CONSENT MOTION to Schedule a Status Conference by Ernest Cloud, Larry A Matthews, Jr, Miles Moran, Gerard Taylor. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Reference: 19-cv-13553, 20-cv-1275)(Foley, Eric) (Entered: 06/10/2020)

1 Exhibit 1

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2 Proposed Order

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June 10, 2020

June 10, 2020

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47

Correction of Docket Entry by Clerk re 46 MOTION to Schedule a Status Conference. **In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: All Cases)(jeg) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
48

MOTION to Certify Class by Ernest Cloud, Larry A Matthews, Jr. Motion(s) will be submitted on 5/13/2020. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Notice of Submission)(Reference: 20-1275)(jeg) (Originally filed as rec doc 3 in case 20-1275) (Entered: 06/11/2020)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Notice of Submission (Civil Only)

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June 11, 2020

June 11, 2020

PACER
49

ANSWER to Complaint with Jury Demand by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Hunter Harris, IV, Karen K. Herman, Keva M. Landrum, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich.(Reference: 20-1275)Attorney Dennis J. Phayer added to party Paul A Bonin(pty:condft), Attorney Dennis J. Phayer added to party Camille Buras(pty:condft), Attorney Dennis J. Phayer added to party Darryl A. Derbigny(pty:condft), Attorney Dennis J. Phayer added to party Tracey Flemings-Davillier(pty:condft), Attorney Dennis J. Phayer added to party Hunter Harris, IV(pty:condft), Attorney Dennis J. Phayer added to party Karen K. Herman(pty:condft), Attorney Dennis J. Phayer added to party Keva M. Landrum(pty:condft), Attorney Dennis J. Phayer added to party Robin D. Pittman(pty:condft), Attorney Dennis J. Phayer added to party Dennis Waldron(pty:condft), Attorney Dennis J. Phayer added to party Laurie A White(pty:condft), Attorney Dennis J. Phayer added to party Benedict Willard(pty:condft), Attorney Dennis J. Phayer added to party Franz L Zibilich(pty:condft).(Phayer, Dennis) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
50

ORDER GRANTING 46 MOTION to Schedule a Status Conference,. Signed by Judge Eldon E. Fallon on 6/11/2020. and the parties shall convene for a telephonic status conference on Wednesday, June 17, 2020 at 9:00 a.m. The parties are instructed to use the following information to participate: Dial-in: (877) 336 1839 Access Code: 4227405(Reference: All Cases)(jeg) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Correction of Docket Entry by Clerk

June 11, 2020

June 11, 2020

PACER
51

Minute Entry for proceedings held before Judge Eldon E. Fallon: A Telephone Early Status Conference was held on 6/17/2020. The parties discussed the effect of a recent legislative change on the status of the case. Plaintiffs represented that they anticipated dismissing the claims affected by this change without prejudice. Defendants represented that they would seek dismissal with prejudice. The parties were instructed to work together to resolve the matter with respect to Count II. (Reference: All Cases)(jeg) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

RECAP
52

RESPONSE/MEMORANDUM in Opposition filed by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich re 48 MOTION to Certify Class . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Reference: All Cases)(Duffourc, Mindy) Modified text/reference on 7/7/2020 (jeg). (Entered: 07/06/2020)

1 Exhibit A

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2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Exhibit D

View on RECAP

July 6, 2020

July 6, 2020

RECAP
53

MOTION to Dismiss for Lack of Jurisdiction by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. Motion(s) will be submitted on 7/22/2020. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Reference: All Cases)(Duffourc, Mindy) Modified text/reference on 7/7/2020 (jeg). (Entered: 07/06/2020)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

3 Notice of Submission (Civil Only)

View on RECAP

4 Exhibit A

View on RECAP

5 Exhibit B

View on RECAP

6 Exhibit C

View on RECAP

7 Exhibit D

View on RECAP

July 6, 2020

July 6, 2020

PACER
54

Correction of Docket Entry by Clerk re 53 MOTION to Dismiss for Lack of Jurisdiction, 52 Response/Memorandum in Opposition to Motion. **In Consolidated Matters, the caption must list all case(s) that are consolidated together and include a separate reference to list the case(s) to which the pleading pertains and that same case number(s) must be referenced in the docket entry. If the caption does not specifically state the case(s) to which the pleading pertains, then all cases will be listed. Please follow this requirement for all future filings.** (Reference: All Cases)(jeg) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Correction of Docket Entry by Clerk

July 7, 2020

July 7, 2020

PACER
55

STIPULATION of Dismissal Without Prejudice by Miles Moran, Gerard Taylor (Attachments: # 1 Proposed Order)(Reference: 19-cv-13553)(Foley, Eric) (Entered: 07/09/2020)

1 Proposed Order

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July 9, 2020

July 9, 2020

RECAP
56

STIPULATION of Dismissal Without Prejudice by Ernest Cloud, Larry A Matthews, Jr (Attachments: # 1 Proposed Order)(Reference: 20-cv-01275)(Foley, Eric) (Entered: 07/09/2020)

1 Proposed Order

View on PACER

July 9, 2020

July 9, 2020

PACER
57

EXPARTE/CONSENT MOTION to Continue Submission Dates of Plaintiffs' Motion to Certify a Class Action 48 and Defendants' Motion to Dismiss 53 by Ernest Cloud, Larry A Matthews, Jr. (Attachments: # 1 Proposed Order)(Reference: 20-cv-01275)(Foley, Eric) (Entered: 07/20/2020)

1 Proposed Order

View on PACER

July 20, 2020

July 20, 2020

PACER
58

ORDER GRANTING 57 MOTION to Continue Submission Dates of Plaintiffs' Motion to Certify a Class Action 48 and Defendants' Motion to Dismiss 53 . ORDERED that the submission dates of Plaintiffs Motion to Certify a Class Action, R. Doc. 48, and Defendants' FRCP 12(b)(1) Motion to Dismiss, R. Doc. 53, are continued to August 5, 2020. Signed by Judge Eldon E. Fallon on 7/21/2020.(Reference: 20-1975)(jeg) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
59

RESPONSE/MEMORANDUM in Opposition filed by Ernest Cloud, Larry A Matthews, Jr re 53 MOTION to Dismiss for Lack of Jurisdiction . (Reference: 20-cv-01275)(Foley, Eric) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

RECAP
60

EXPARTE/CONSENT MOTION for Leave to File Reply Memo in Support of FRCP 12(B)(1) Motion to Dismiss by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Hunter Harris, IV, Karen K. Herman, Arthur L Hunter, Keva Landrum-Johnson, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 20-cv-01275)(Duffourc, Mindy) (Entered: 08/03/2020)

1 Proposed Order

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2 Proposed Pleading

View on PACER

Aug. 3, 2020

Aug. 3, 2020

PACER
61

ORDER granting 60 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 08/04/2020. (Reference: 20-1275)(ko) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
62

REPLY to Response to Motion filed by Paul A Bonin, Camille Buras, Darryl A. Derbigny, Tracey Flemings-Davillier, Hunter Harris, IV, Karen K. Herman, Robin D. Pittman, Dennis Waldron, Laurie A White, Benedict Willard, Franz L Zibilich re 53 MOTION to Dismiss for Lack of Jurisdiction . (Reference: 20-1275)(ko) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

RECAP
63

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Certify a Class Action 48 by Ernest Cloud, Larry A Matthews, Jr. (Attachments: # 1 Proposed Pleading Reply brief, # 2 Proposed Order)(Reference: 20-cv-01275)(Foley, Eric) (Entered: 08/05/2020)

1 Proposed Pleading Reply brief

View on PACER

2 Proposed Order

View on PACER

Aug. 5, 2020

Aug. 5, 2020

PACER
64

ORDER GRANTING 63 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 8/6/2020. (Reference: 20-1275)(jeg) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
65

REPLY to Response to Motion filed by Ernest Cloud, Larry A Matthews, Jr re 48 MOTION to Certify Class. (Reference: 20-1275)(jeg) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
66

Continue

1 Proposed Order

View on PACER

Aug. 19, 2020

Aug. 19, 2020

PACER
67

ORDER AND REASONS: IT IS ORDERED that Plaintiffs' Motion to Certify Class, R Docs 3 48 are DENIED without prejudice as set forth in document. IT IS FURTHER ORDERED that Defendants' Motions to Dismiss, R. Docs 28 , 53 are DENIED witho ut prejudice to Defendants' right to re-urge these motions after the Court has ruled on class certification. IT IS FURTHER ORDERED that 17 Motion to Dismiss for Lack of Jurisdiction is DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 8/21/2020. (Reference: All Cases)(jeg)

Aug. 21, 2020

Aug. 21, 2020

RECAP
68

Order on Motion to Continue

Aug. 21, 2020

Aug. 21, 2020

PACER
69

Scheduling Order

1 Pretrial Notice Form

View on PACER

Aug. 28, 2020

Aug. 28, 2020

PACER
70

Continue

1 Proposed Order

View on PACER

Dec. 1, 2020

Dec. 1, 2020

PACER

Correction of Docket Entry by Clerk

Dec. 2, 2020

Dec. 2, 2020

PACER
72

~Util - Set/Reset Hearings AND Order

Dec. 4, 2020

Dec. 4, 2020

PACER
73

Set Hearings AND Terminate Scheduling Order Deadlines AND Status Conference

Dec. 11, 2020

Dec. 11, 2020

PACER
74

Notice of Compliance

Dec. 22, 2020

Dec. 22, 2020

PACER

Correction of Docket Entry by Clerk

Dec. 22, 2020

Dec. 22, 2020

PACER
76

Order

Dec. 29, 2020

Dec. 29, 2020

RECAP
77

Set Hearings AND Order

Dec. 30, 2020

Dec. 30, 2020

PACER
78

Settlement Conference

Jan. 12, 2021

Jan. 12, 2021

RECAP
79

Order AND ~Util - Set/Reset Hearings

Jan. 27, 2021

Jan. 27, 2021

PACER
80

Status Conference

Feb. 3, 2021

Feb. 3, 2021

PACER
81

Settlement Conference

Feb. 23, 2021

Feb. 23, 2021

PACER
82

Stipulation of Dismissal

April 1, 2021

April 1, 2021

PACER
83

~Util - Add and Terminate Parties AND Order

April 5, 2021

April 5, 2021

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Nov. 11, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pretrial detainee, on behalf of other individuals with pending state misdemeanor or felony cases who will, after acceptance of their charges by the District Attorney, appear before the Defendant Judges for proceedings concerning pretrial release.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Orleans Parish Criminal District Court Judges (New Orleans), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Courts

Fines/Fees/Bail/Bond