Case: Ryan v. Smith

3:20-cv-00843 | U.S. District Court for the Middle District of Louisiana

Filed Date: Dec. 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID Summary: This is a class action suit regarding the legality of detention orders that are holding detainees at East Baton Rouge Parish Prison for up to years and detrimental to life during the COVID-19 pandemic. The plaintiffs moved for a temporary restraining order and preliminary injunction on December 14, 2020, but withdrew the request for a temporary restraining order in January 2021. A settlement conference is scheduled for March 11, and a joint status report is due on March 21. This …

COVID Summary: This is a class action suit regarding the legality of detention orders that are holding detainees at East Baton Rouge Parish Prison for up to years and detrimental to life during the COVID-19 pandemic. The plaintiffs moved for a temporary restraining order and preliminary injunction on December 14, 2020, but withdrew the request for a temporary restraining order in January 2021. A settlement conference is scheduled for March 11, and a joint status report is due on March 21. This case is ongoing.


On December 14, 2020, four individuals who were being held at East Baton Rouge Parish Prison (EBRPP) filed this class action lawsuit against 5 officials of the 19th Judicial District Courthouse, the sheriff, and the warden of EBRPP in the U.S. District Court for the Middle District of Louisiana. The plaintiffs sued for violations of their Fourteenth and Sixth Amendment rights under 42 U.S.C. § 1983. Represented by the MacArthur Justice Center, Advancement Project, and private counsel, the plaintiffs sought declaratory and injunctive relief, release of class members, and attorneys' fees. The case was assigned to Chief Judge Shelly D. Dick and Magistrate Judge Scott D. Johnson.

The plaintiffs alleged that hundreds of individuals, most of whom were poor and black, were confined at EBRPP for up to years as a result of the defendant judicial officials' actions. Specifically, the plaintiffs alleged that the defendants ignored the detainees' likelihood to appear at trial, risk of danger to the community, and ability to pay monetary conditions of release, which violated the Fourteenth Amendment's due process and equal protection clauses. The plaintiffs further alleged that the defendants ignored procedural protections, including failing to provide the detainees notice of hearing, opportunity to present evidence, and assistance to counsel prior to issuing pretrial detention orders, which violated due process. Additionally, they alleged that the defendants denied plaintiffs' counsel to make substantive arguments prior to issuing detention orders in violation of the Sixth Amendment. Lastly, the plaintiffs noted that EBRPP 's dilapidated conditions and history of poor medical care placed the detainees at an increased risk of the COVID-19 pandemic.

On December 14, 2020, the plaintiffs moved to proceed anonymously and for certification of the proposed class of "all individuals who are in the custody of the East baton Rouge Sheriff's office after their arrest and who have been or will be subjected to the bail practices of the Judges and Commissioners of the 19th Judicial District Court." The following day, the plaintiffs filed a motion for a temporary restraining order and preliminary injunction against the defendant sheriff and warden. The plaintiffs requested release of the named plaintiffs and for the court to enjoin the defendant sheriff and warden from detaining individuals whose bail conditions were determined at hearings that violated due process and equal protection. The plaintiffs filed declarations from *** pretrial detainees, some of whom have illnesses that make them vulnerable to COVID-19, have had arraignments delayed due to COVID-19, or cite inappropriate social distancing or hygiene practices.

On December 17, the plaintiffs moved for expedited discovery and on January 12, 2021, the plaintiffs filed an emergency second motion for expedited discovery and request for status conference. The court granted the motion in part and scheduled a status conference to discuss the plaintiffs' discovery request. At the January 14 conference, the court denied the plaintiff's first motion for expedited discovery as moot and granted in part the emergency second motion. The parties agreed to the scope of expedited discovery and set a discovery deadline of January 20, 2021.

On January 17, the plaintiffs moved to withdraw the request for temporary restraining order, which was granted on January 19. The plaintiffs then filed a joint motion to continue hearing on the motion for preliminary injunction, which was granted on January 21 and set a deadline of March 21 for the parties to file a joint status report.

The case remains ongoing with a settlement conference was scheduled for March 11, and with the defendants' responsive pleading to the complaint due on March 22, 2021.

Summary Authors

Zofia Peach (2/23/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18742916/parties/ryan-v-smith/


Judge(s)

Dick, Shelly Deckert (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Claiborne, William Charles III (District of Columbia)

Foley, Eric Andrew (Louisiana)

Harvey, Thomas B (District of Columbia)

Lommers-Johnson, Hannah (Louisiana)

Longman, Jacob (Georgia)

Nemeth, Miriam R. (District of Columbia)

Robichaux, Scott (Georgia)

Utter, David J. (Louisiana)

Judge(s)

Dick, Shelly Deckert (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Claiborne, William Charles III (District of Columbia)

Foley, Eric Andrew (Louisiana)

Harvey, Thomas B (District of Columbia)

Lommers-Johnson, Hannah (Louisiana)

Longman, Jacob (Georgia)

Nemeth, Miriam R. (District of Columbia)

Robichaux, Scott (Georgia)

Utter, David J. (Louisiana)

Yang, Tiffany S. (District of Columbia)

Attorneys(s) for Defendant

Erlingson, Mary G. (Louisiana)

Evans, James Garrison (Louisiana)

St. Pierre, Catherine S. (Louisiana)

Wilson, Jacqueline B (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 11, 2021 Docket
1

Class Action Complaint

Dec. 14, 2020 Complaint
12 (& 12-2 to 12-5)

Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction against Defendants Gautreaux and Grimes

Dec. 15, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18742916/ryan-v-smith/

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

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2221010.), filed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. (Attachments: # 1 Civil Cover Sheet, # 2 Summons-Smith, # 3 Summons-Jackson, # 4 Summons-Johnson, # 5 Summons-Robinson, # 6 Summons-Howze, # 7 Summons-Gautreaux, # 8 Summons-Grimes)(Foley, Eric) Modified on 12/15/2020 to edit text. (EDC). (Attachments 2-8 replaced on 12/15/2020) (EDC). Modified on 12/15/2020 to flatten documents. (EDC). (Entered: 12/14/2020)

1 Civil Cover Sheet

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2 Summons-Smith

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3 Summons-Jackson

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4 Summons-Johnson

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5 Summons-Robinson

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6 Summons-Howze

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7 Summons-Gautreaux

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8 Summons-Grimes

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Dec. 14, 2020 PACER
2

MOTION for Class Certificaton by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment 1-Foley Decl., # 3 Attachment 2-Lommers-Johnson Decl., # 4 Attachment 3-Harvey Decl., # 5 Attachment 4-Utter Decl.)(Foley, Eric) Modified on 12/15/2020 to edit text. (EDC). (Entered: 12/14/2020)

Dec. 14, 2020 PACER
3

MOTION for Leave to Proceed Anonymously and File Documents Revealing Identity Under Seal by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Foley, Eric). Modified on 12/15/2020 to edit text (LLH). (Entered: 12/14/2020)

Dec. 14, 2020 PACER
4

MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221129) by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
5

MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221138) by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
6

MOTION for Scott C. Robichaux to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221140) by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
7

MOTION for Tiffany Yang to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221154) by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
8

Letter to Attorney Eric Andrew Foley regarding Thomas B. Harvey who is Co-Counsel for party Joshua Ryan, Blaze Franklin, Amisar Cyrus Nourani and Herbert Scully. Attorney is not admitted to practice in LAMD. (EDC) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
9

Summons Issued as to Sid J. Gautreaux, III, Dennis Grimes, Frank Howze, Bonnie Jackson, Ronald Johnson, Nicole Robinson, Tarvald Anthony Smith. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons)(EDC) (Entered: 12/15/2020)

Dec. 15, 2020 PACER

MOTION(S) REFERRED: 5 MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221138), 7 MOTION for Tiffany Yang to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221154), 4 MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221129), 6 MOTION for Scott C. Robichaux to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221140). This motion is now pending before the USMJ. (EDC)

Dec. 15, 2020 PACER
10

Notice of Filing Exhibit B to 5 MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221138) filed by All Plaintiffs. (Utter, David) Modified on 12/15/2020 to edit text. (EDC). (Entered: 12/15/2020)

Dec. 15, 2020 PACER
11

AFFIDAVIT in Support of 5 MOTION for Miriam R. Nemeth to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2221138) filed by All Plaintiffs. (Utter, David) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
12

MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes by All Plaintiffs. (Attachments: # 1 Exhibit Conventional Filing notice of Exhibits 1-3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10)(Foley, Eric). Added MOTION for Preliminary Injunction on 12/21/2020 (EDC). (Entered: 12/15/2020)

1 Exhibit Conventional Filing notice of Exhibits 1-3

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2 Exhibit 4

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3 Exhibit 5

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4 Exhibit 6

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5 Exhibit 7

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6 Exhibit 8

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7 Exhibit 9

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8 Exhibit 10

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Dec. 15, 2020 PACER

MOTION(S) REFERRED: 3 MOTION for Leave to Proceed Anonymously MOTION for Leave to File Documents Revealing Identity Under Seal. This motion is now pending before the USMJ. (LLH)

Dec. 15, 2020 PACER
13

MOTION for Leave to File Brief Exceeding Page Limit to Support 12 Motion for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Attachment for Temporary Restraining Order and Preliminary Injunction, # 2 Proposed Order)(Foley, Eric) Modified on 12/15/2020 to edit text. (EDC). (Entered: 12/15/2020)

1 Proposed Pleading; Plaintiffs' Memorandum in Support of Motion for Temporar

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2 Proposed Order

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Dec. 15, 2020 PACER
14

Ex Parte MOTION for Leave to Conventionally File Audio Exhibits 1-3 to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction 12 by All Plaintiffs. (Attachments: # 1 Proposed Order)(Foley, Eric) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
15

ORDER granting 14 MOTION for Leave to file exhibits conventionally. Signed by Chief Judge Shelly D. Dick on 12/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
16

ORDER granting 13 Motion for Leave to File Excess Pages. Signed by Chief Judge Shelly D. Dick on 12/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
17

Notice to Counsel: Plaintiffs are hereby ORDERED to identify and notify counsel for each Defendant of the subject Motion [Rec. Doc. 12] and provide the Court, by Notice filed in the record, with names and contact information (including email addresses) for each counsel identified. A Telephone Conference is hereby set for 12/21/2020 at 02:00 PM before Chief Judge Shelly D. Dick. Participant dial-in instructions will be provided via separate email from the Courtroom Deputy. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
24

MEMORANDUM in Support of 12 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes filed by Blaze Franklin, Amisar Cyrus Nourani, Joshua Ryan, Herbert Scully. (EDC) (Entered: 12/17/2020)

Dec. 15, 2020 PACER

Order on Motion for Leave

Dec. 15, 2020 PACER

Order on Motion for Leave to File Excess Pages

Dec. 15, 2020 PACER
18

ORDER denying 4 and 5 Motions for William R. Claiborne and Miriam R. Nemeth to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 12/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
19

ORDER granting 6 and 7 Motions for Scott C. Robichaux and Tiffany Yang to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 12/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
20

MOTION for Miriam R. Nemeth to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
21

MOTION for William R. Claiborne to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Exhibit A- Sworn Statement, # 2 Exhibit B- Certificate of Good Standing, # 3 Proposed Pleading; Proposed Order)(Utter, David) (Entered: 12/16/2020)

Dec. 16, 2020 PACER

MOTION(S) REFERRED: 21 MOTION for William R. Claiborne to Appear Pro Hac Vice, 20 MOTION for Miriam R. Nemeth to Appear Pro Hac Vice . This motion is now pending before the USMJ. (EDC)

Dec. 16, 2020 PACER
22

AFFIDAVIT in Support of 21 MOTION for William R. Claiborne to Appear Pro Hac Vice filed by All Plaintiffs. (Utter, David) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
23

ORDER granting 20 and 21 Motions for Miriam R. Nemeth and William R. Claiborne to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 12/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
27

NOTICE of Conventional Filing in Clerk's Office of DVD-ROM of Exhibits 1,2 and 3 by Blaze Franklin, Amisar Cyrus Nourani, Joshua Ryan, Herbert Scully re 12 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes. (EDC) (Entered: 12/18/2020)

Dec. 16, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Dec. 16, 2020 PACER
25

MOTION for Expedited Discovery by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Subpoena, # 3 Proposed Order)(Foley, Eric) Modified on 12/17/2020 to edit the docket text (KMW). (Entered: 12/17/2020)

Dec. 17, 2020 PACER

MOTION(S) REFERRED: 25 MOTION for Expedited Discovery. This motion is now pending before the USMJ. (KMW)

Dec. 17, 2020 PACER
26

NOTICE of Compliance by Blaze Franklin, Amisar Cyrus Nourani, Joshua Ryan, Herbert Scully to 17 Notice to Counsel,, (Foley, Eric) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
28

Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Conference held on 12/21/2020. (BKA) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
29

NOTICE of Briefing Schedule on 12 MOTION for Temporary Restraining Order: Simultaneous briefs due 1/6/2021.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
30

NOTICE of Briefing Schedule on 12 MOTION for Preliminary Injunction: Simultaneous briefs are due 1/15/2021. Motion Hearing set for 1/25/2021 through 1/29/2021 at 09:30 AM in Courtroom 3 before Chief Judge Shelly D. Dick. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BKA) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
31

WAIVER OF SERVICE Returned Executed by Joshua Ryan. Sid J. Gautreaux, III waiver sent on 12/29/2020, answer due 3/1/2021. (Utter, David) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
32

WAIVER OF SERVICE Returned Executed by Joshua Ryan. Dennis Grimes waiver sent on 12/29/2020, answer due 3/1/2021. (Utter, David) (Entered: 12/29/2020)

Dec. 29, 2020 PACER
33

MEMORANDUM in Opposition to 12 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes MOTION for Preliminary Injunction filed by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(St. Pierre, Catherine) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
34

MEMORANDUM in Opposition to 12 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes MOTION for Preliminary Injunction filed by Frank Howze, Bonnie Jackson, Ronald Johnson, Nicole Robinson, Tarvald Anthony Smith. (Wilson, Jacqueline) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
35

Supplemental MEMORANDUM in Support of 12 MOTION for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Attachment Notice of Conventional Filing of Exhibits 1-4)(Foley, Eric) (Entered: 01/06/2021)

Jan. 6, 2021 PACER
36

Ex Parte MOTION for Leave to Conventionally File Audio Exhibits in Connection with Plaintiffs' Supplemental Brief by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Foley, Eric) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
37

WAIVER OF SERVICE Returned Executed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. Frank Howze waiver sent on 1/5/2021, answer due 3/8/2021. (Utter, David) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
38

WAIVER OF SERVICE Returned Executed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. Ronald Johnson waiver sent on 1/5/2021, answer due 3/8/2021. (Utter, David) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
39

WAIVER OF SERVICE Returned Executed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. Tarvald Anthony Smith waiver sent on 1/5/2021, answer due 3/8/2021. (Utter, David) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
40

WAIVER OF SERVICE Returned Executed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. Nicole Robinson waiver sent on 1/5/2021, answer due 3/8/2021. (Utter, David) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
41

ORDER granting 36 MOTION for Leave to Conventionally File Audio Exhibits in Connection with Plaintiffs' Supplemental Brief. Signed by Chief Judge Shelly D. Dick on 1/7/2021. (SWE) Modified on 1/11/2021 to correct file date (SWE). (Entered: 01/07/2021)

Jan. 7, 2021 PACER
42

ORDER: Plaintiffs shall submit a response to Defendants' Oppositions to 12 Motion for Temporary Restraining Order and Preliminarily Injunction on or before 1/17/2021. Signed by Chief Judge Shelly D. Dick on 1/7/2021. (LLH) (Entered: 01/07/2021)

Jan. 7, 2021 PACER
43

Emergency Second MOTION for Expedited Discovery and Request for Status Conference by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1-Email Correspondence, # 3 Exhibit 2-Discovery to Judicial Defendants, # 4 Exhibit 3-Duty Schedule, # 5 Proposed Order)(Foley, Eric) Modified on 1/12/2021 to edit text.(EDC). Added MOTION for Request for Status Conference on 1/12/2021 (EDC). Modified on 1/13/2021 to edit text. (EDC). (Entered: 01/12/2021)

Jan. 12, 2021 PACER

MOTION(S) REFERRED: 43 Emergency Second MOTION for Expedited Discovery and Request for Status Conference MOTION for Conference. This motion is now pending before the USMJ. (EDC)

Jan. 12, 2021 PACER
44

WAIVER OF SERVICE Returned Executed by Amisar Cyrus Nourani, Blaze Franklin, Joshua Ryan, Herbert Scully. Bonnie Jackson waiver sent on 1/12/2021, answer due 3/15/2021. (Utter, David) (Entered: 01/13/2021)

Jan. 13, 2021 PACER
45

ORDER granting in part 43 Emergency Second Motion for Expedited Discovery and Request for Status Conference. A Telephone Status Conference is set for 1/14/2021 at 11:00 AM before Magistrate Judge Scott D. Johnson to discuss the expedited discovery requested in the motion. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. Signed by Magistrate Judge Scott D. Johnson on 1/13/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 01/13/2021)

Jan. 13, 2021 PACER
46

NOTICE of Conventional Filing in Clerk's Office of Audio Exhibits by Blaze Franklin, Amisar Cyrus Nourani, Joshua Ryan, Herbert Scully re 35 Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction Against Defendants Gautreaux and Grimes. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EDC) (Entered: 01/13/2021)

Jan. 13, 2021 PACER
47

MEMORANDUM in Opposition to 43 Emergency Second MOTION for Expedited Discovery MOTION for Request for Status Conference filed by Frank Howze, Bonnie Jackson, Ronald Johnson, Nicole Robinson, Tarvald Anthony Smith. (Wilson, Jacqueline) (Entered: 01/13/2021)

Jan. 13, 2021 PACER

Order on Motion for Conference

Jan. 13, 2021 PACER
48

ORDER: Based on the representations of the Parties at the January 14, 2020 status conference that the discovery requested by Plaintiffs in their 25 Motion for Expedited Discovery has been provided, Plaintiffs' Motion for Expedited Discovery (R. Doc. 25), therefore, is DENIED AS MOOT. Signed by Magistrate Judge Scott D. Johnson on 1/14/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
49

Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson. Telephone Status Conference held on 1/14/2021. The parties discussed the status of this matter, including Plaintiffs Motion for Expedited Discovery (R. Doc. 25) and Emergency Second Motion for Expedited Discovery (Rec Doc 43). The parties agreed upon the scope of expedited discovery and a deadline of January 20, 2021, for responding to the limited discovery. Discovery due by 1/20/2021. (ELW) Modified on 1/20/2021 to add a space (ELW). (Entered: 01/14/2021)

Jan. 14, 2021 PACER
50

ORDER granting in part 43 Motion for Expedited Discovery. By 1/20/2021, Defendants are ordered to produce recordings from five agreed-upon days of call-out hearings before each of Defendants Judge Bonnie Jackson, Judge Ronald Johnson, Judge Tarvald Anthony Smith, and Commissioner Nicole Robinson. Defendants also are ordered to provide responses to Plaintiffs' Requests for Admission by 1/20/2021. Because simultaneous briefs regarding Plaintiffs' Motion for Preliminary Injunction are due 1/15/2021, the Parties are hereby granted leave to submit supplemental briefs, only if needed, pertaining only to this limited discovery. Any such supplemental briefs must be filed no later than 1/22/2021, at 12:00 p.m. and must not exceed 10 pages. Signed by Magistrate Judge Scott D. Johnson on 1/14/2021. (EDC) (Entered: 01/14/2021)

Jan. 14, 2021 PACER

Order on Motion for Discovery

Jan. 14, 2021 PACER
51

MEMORANDUM in Opposition to 12 MOTION for Preliminary Injunction Against Defendants Gautreaux and Grimes filed by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Exhibit)(St. Pierre, Catherine) Modified on 1/19/2021 to edit text. (EDC). (Entered: 01/15/2021)

Jan. 15, 2021 PACER
52

MEMORANDUM in Opposition to 12 MOTION for Preliminary Injunction Against Defendants Gautreaux and Grimes filed by Frank Howze, Bonnie Jackson, Ronald Johnson, Nicole Robinson, Tarvald Anthony Smith. (Wilson, Jacqueline) Modified on 1/19/2021 to edit text. (EDC). (Entered: 01/15/2021)

Jan. 15, 2021 PACER
53

Supplemental Brief in Support of 12 MOTION for Preliminary Injunction Against Defendants Gautreaux and Grimes filed by All Plaintiffs. (Attachments: # 1 Exhibit 1)(Foley, Eric) Modified on 1/19/2021 to edit text. (EDC). (Entered: 01/15/2021)

Jan. 15, 2021 PACER
54

Unopposed MOTION to Withdraw Request for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Foley, Eric) (Entered: 01/17/2021)

Jan. 17, 2021 PACER
55

ORDER granting 54 Motion to Withdraw Request for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 1/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BKA) (Entered: 01/19/2021)

Jan. 19, 2021 PACER

Order on Motion to Withdraw

Jan. 19, 2021 PACER
56

Joint MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction [12, 30] by All Plaintiffs. (Attachments: # 1 Proposed Pleading; Proposed Order)(Foley, Eric) (Entered: 01/20/2021)

Jan. 20, 2021 PACER
57

ORDER granting 56 Motion to Continue Preliminary Injunction Hearing and related briefing deadlines. Parties shall file a Joint Status Report on or before 3/21/2021. Signed by Chief Judge Shelly D. Dick on 1/21/2021. (BKA) (Entered: 01/21/2021)

Jan. 21, 2021 PACER
58

SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 3/11/2021 at 01:30 PM by video before Magistrate Judge Scott D. Johnson. Signed by Magistrate Judge Scott D. Johnson on 1/26/2021. (Attachments: # 1 Attachment)(KAH) (Entered: 01/26/2021)

1 Attachment

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Jan. 26, 2021 RECAP
59

Ex Parte MOTION for Extension of Time to File Responsive Pleadings to Plaintiffs' Class Action Complaint by Sid J. Gautreaux, III, Dennis Grimes. (Attachments: # 1 Proposed Pleading;)(St. Pierre, Catherine) Modified on 2/10/2021 to edit the docket text (SWE). (Entered: 02/10/2021)

Feb. 10, 2021 PACER

MOTION(S) REFERRED: 59 Ex Parte MOTION for Extension of Time to File Responsive Pleadings to Plaintiffs' Class Action Complaint. This motion is now pending before the USMJ. (SWE)

Feb. 10, 2021 PACER
60

ORDER: Because the requirements of Local Rule 7(a) are met, the 59 Ex Parte Motion for Extension of Time to File Responsive Pleadings filed by Defendants Sheriff Sid J. Gautreaux, III, and Warden Dennis Grimes is GRANTED. Gautreaux and Grimes now have until March 22, 2021, to file responsive pleadings. Signed by Magistrate Judge Scott D. Johnson on 2/11/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 02/11/2021)

Feb. 11, 2021 PACER

Order on Motion for Extension of Time to Answer

Feb. 11, 2021 PACER
61

Extension of Time to File Answer

March 4, 2021 PACER

Order on Motion for Extension of Time to Answer

March 5, 2021 PACER
63

Settlement Conference

March 16, 2021 PACER
64

Extension of Time

March 16, 2021 PACER
65

Order on Motion for Extension of Time to Answer

March 18, 2021 PACER
67

Extension of Time to File Answer

1 Proposed Pleading; Order

View on PACER

March 24, 2021 PACER
68

Order on Motion for Extension of Time to Answer

March 26, 2021 PACER
70

~Util - Set Hearings AND Settlement Conference

April 2, 2021 PACER
71

~Util - Set Hearings AND Settlement Conference

April 19, 2021 PACER
72

Extension of Time to File Answer

April 20, 2021 PACER

Order on Motion for Extension of Time to Answer

April 22, 2021 PACER
74

Order on Motion for Leave to File AND Order on Motion for Leave

April 26, 2021 PACER
77

~Util - Set Deadlines/Hearings AND Settlement Conference

May 4, 2021 PACER
78

~Util - Set Deadlines/Hearings AND Settlement Conference

June 3, 2021 PACER
79

Status Conference

June 9, 2021 PACER
81

~Util - Set Deadlines/Hearings AND Settlement Conference

June 17, 2021 PACER
82

~Util - Set Deadlines/Hearings AND Settlement Conference

June 17, 2021 PACER
83

Settlement Conference

July 7, 2021 PACER
84

Settlement Conference

July 7, 2021 PACER
85

Status Conference

July 8, 2021 PACER

Order Setting Hearing on Motion

July 8, 2021 PACER
87

Withdraw as Attorney

July 14, 2021 PACER
88

Substitute Pleading (In Order to Correct Deficiency)

July 16, 2021 PACER

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

July 19, 2021 PACER

Order on Motion to Withdraw as Attorney

July 21, 2021 PACER
92

Withdraw

Aug. 20, 2021 PACER
93

Order on Motion to Withdraw AND Order on Motion for Preliminary Injunction

Aug. 20, 2021 PACER

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Dec. 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals who were being held at East Baton Rouge Parish Prison

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Advancement Project

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Judges (Baton Rouge, East Baton Rouge), State

Coordinator of the Bail Bond Program (Baton Rouge, East Baton Rouge), State

Commissioner (Baton Rouge, East Baton Rouge), State

Sheriff of East Baton Rouge Parish (Baton Rouge, East Baton Rouge), County

Warden of East Baton Rouge Parish Prison (Baton Rouge, East Baton Rouge), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Excessive bail/fines

Due Process: Procedural Due Process

Due Process: Substantive 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

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Conditions of confinement

Disparate Impact

Disparate Treatment

Fines/Fees/Bail/Bond

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Race:

Black

COVID-19:

Mitigation Requested

Release Requested