Case: Giroir v. Leblanc

3:21-cv-00108 | U.S. District Court for the Middle District of Louisiana

Filed Date: Feb. 19, 2021

Case Ongoing

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Case Summary

This is a case about the Louisiana Department of Public Safety & Corrections consistently over-detaining thousands of incarcerated people per year for nearly the past ten years. On February 19, 2021, an incarcerated person in DOC’s custody filed this lawsuit in the U.S. District Court for the Middle District of Louisiana. The plaintiff sued the Louisiana Department of Public Safety & Corrections and the Secretary of the Louisiana Department of Public Safety & Corrections under 42 U.S.C. § 1983. Represented by the Promise of Justice Initiative, Loevy & Loevy, and private counsel, the plaintiff sought declaratory relief, injunctive relief, and attorneys’ fees and costs. Specifically, the plaintiff claimed that the Louisiana DOC consistently held incarcerated people in DOC’s custody past their release dates in violation of their Due Process rights and state law.

On the same day that he filed the complaint, the plaintiff moved the court for class certification on February 19, 2021. The putative class included all people “sentenced to the custody of the Louisiana DOC, and who were, or will be, entitled to release at the time of their sentencing, but who nevertheless remain in custody, now or in the future, for more than 48 hours past their sentencing dates.” The plaintiff claimed that the defendants had a pattern or practice of over-detaining people, as they did not have a policy in place, nor did they try to create one, which would ensure that incarcerated people were released within 48 hours of their legal release date. The plaintiff additionally alleged that the Secretary was deliberately indifferent to this mass false imprisonment.

On March 30, 2021, a different incarcerated person filed a motion to join and amend the complaint to add himself as a co-plaintiff. The court denied his motion on April 9, 2021, because as a non-party he could not amend the complaint. On May 5, 2021 the court granted a motion to consolidate cases for the purposes of discovery with Humphrey v. LeBlanc, a case challenging detention practices in Louisiana. Furthermore, the court denied the plaintiff’s motion for class certification, directing him to refile the motion after this discovery was completed.

On April 9, 2021, the defendant filed a motion to dismiss. The court ruled on the motion on March 30, 2022, granting in part and denying in part defendant’s motion to dismiss. 2022 WL 969614. Per 2 U.S.C. § 1983's one-year statute of limitations following plaintiff's awareness of the injury, the court dismissed as time-barred any claims of over-detention brought on behalf of proposed class members whose sentencing occurred before February 17, 2020. The court denied defendant’s motion to dismiss on all other claims. Following the court’s order, the plaintiff filed an amended complaint on April 27, 2022, specifying that the proposed class included only those members sentenced on or after February 17, 2020.

The plaintiff refiled for class certification on September 10, 2021, after completion of discovery. The putative class included “all persons who have been, or will be, sentenced to the custody of the DOC, and who were, or will be, entitled to release at the time of their sentencing, but who nevertheless remain in custody, nor or in the future, for more than 48 hours past their sentencing dates.” On October 1, 2021, the defendant filed a motion to exclude certain evidence from plaintiff’s motion for class certification, arguing that the evidence was not admissible or relevant, including deposition testimony from key DOC personnel in other lawsuits as well as certain communications between DOC personnel. Motion practice proceeded on both motions until June 30, 2022, when the court stayed proceedings as parties began settlement discussions.

Following unsuccessful settlement negotiation, the court lifted the stay on November 10, 2022. As of January 30, 2023, the court has not yet ruled on plaintiff’s motion for class certification, or defendant’s motion to exclude certain evidence from plaintiff’s motion for class certification.

Summary Authors

Emma Mertens (10/19/2021)

Sarah Portwood (1/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59303476/parties/giroir-v-leblanc/

Judge(s)

Attorney for Plaintiff

Allen, Michael (Louisiana)

Bosalavage, Samantha Nicole (Louisiana)

Comeau, Claude-Michael (Louisiana)

Crutcher, Kara Celeste (Louisiana)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

Expert/Monitor/Master/Other

Judge(s)

deGravelles, John Wheadon (Louisiana)

Attorney for Plaintiff

Allen, Michael (Louisiana)

Bosalavage, Samantha Nicole (Louisiana)

Comeau, Claude-Michael (Louisiana)

Crutcher, Kara Celeste (Louisiana)

Gabriel, Caroline (Louisiana)

Gould, Margaret (Louisiana)

Grady, Sarah (Illinois)

Hazinski, John (Illinois)

Kanovitz, Michael I. (Illinois)

Kumar, Nishi Lal (Louisiana)

Makar, Maria (Louisiana)

Malik, Elena (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Most, William Brock (Louisiana)

Popkin, Kelly Jo (Louisiana)

Pourciau, Samantha Bosalavage (Louisiana)

Ramaswamy, Rebecca R. (Louisiana)

Weil, Stephen Heschel (Illinois)

Wright, Lydia (Louisiana)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

Jones, Christopher K. (Louisiana)

LeBlanc, Crews Reynolds (Louisiana)

Payne, Chelsea Acosta (Louisiana)

Other

Demouchette, Preston G. (Louisiana)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:21-cv-00108	Docket Giroir v. LeBlanc	Oct. 4, 2021	Oct. 4, 2021 Docket
1 3:21-cv-00108	Class Action Complaint	Feb. 19, 2021	Feb. 19, 2021 Complaint
45 3:21-cv-00108	Ruling and Order Giroir v. LeBlanc	March 30, 2022	March 30, 2022 Order/Opinion 2022 WL 969614
46 3:21-cv-00108	Amended Class Action Complaint Giroir v. LeBlanc	April 27, 2022	April 27, 2022 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59303476/giroir-v-leblanc/

Last updated July 29, 2026, 6:50 a.m.

ECF Number	Date	Description	Link
1	Feb. 19, 2021	COMPLAINT against Department of Public Safety & Corrections, James LeBlanc ( Filing fee $ 402 receipt number ALAMDC-2250061.), filed by Joel Giroir. (Attachments: # 1 Attachment Civil Cover Sheet, # 2 Exhibit LeBlanc Dep., # 3 Exhibit DOC Grant App, # 4 Exhibit Giroir Decl, # 5 Exhibit Griffin Dep., # 6 Exhibit Gueho Dep., # 7 Exhibit Lean Six Sigma, # 8 Exhibit Ellis Dep., # 9 Exhibit Whittaker Dep., # 10 Exhibit Feb. 19 Pull Doc., # 11 Exhibit LeBlanc Emails, # 12 Attachment LeBlanc Summons, # 13 Attachment DOC Summons)(Ramaswamy, Rebecca) (Attachments 1, 12 and 13 replaced on 2/19/2021 to flatten the documents) (KMW). (Entered: 02/19/2021) 1 Attachment Civil Cover Sheet View on PACER 2 Exhibit LeBlanc Dep. View on PACER 3 Exhibit DOC Grant App View on PACER 4 Exhibit Giroir Decl View on PACER 5 Exhibit Griffin Dep. View on PACER 6 Exhibit Gueho Dep. View on PACER 7 Exhibit Lean Six Sigma View on PACER 8 Exhibit Ellis Dep. View on RECAP 9 Exhibit Whittaker Dep. View on PACER 10 Exhibit Feb. 19 Pull Doc. View on PACER 11 Exhibit LeBlanc Emails View on PACER 12 Attachment LeBlanc Summons View on PACER 13 Attachment DOC Summons View on PACER	Clearinghouse
2	Feb. 19, 2021	Summons Issued as to James LeBlanc, Louisiana Department of Public Safety & Corrections. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 02/19/2021)	RECAP
3	Feb. 19, 2021	MOTION for Class Certification by Joel Giroir. (Attachments: # 1 Memorandum in Support, # 2 Exhibit LeBlanc Letter, # 3 Exhibit Hudnall Dep, # 4 Exhibit Followup Email, # 5 Exhibit Glazer Email, # 6 Exhibit Strat Plan 08-09 to 12-13, # 7 Exhibit Strat Plan 11-12 to 15-16, # 8 Exhibit Strat Plan 14-15 to 18-19, # 9 Exhibit Montagnes Decl, # 10 Exhibit Grady Decl, # 11 Exhibit Most Decl)(Ramaswamy, Rebecca) Modified on 2/22/2021 to edit the docket text (KMW). (Entered: 02/19/2021) 1 Memorandum in Support View on PACER 2 Exhibit LeBlanc Letter View on PACER 3 Exhibit Hudnall Dep View on PACER 4 Exhibit Followup Email View on RECAP 5 Exhibit Glazer Email View on PACER 6 Exhibit Strat Plan 08-09 to 12-13 View on PACER 7 Exhibit Strat Plan 11-12 to 15-16 View on PACER 8 Exhibit Strat Plan 14-15 to 18-19 View on PACER 9 Exhibit Montagnes Decl View on PACER 10 Exhibit Grady Decl View on PACER 11 Exhibit Most Decl View on RECAP	RECAP
4	Feb. 22, 2021	NOTICE of Briefing Schedule on 3 MOTION for Class Certification : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 02/22/2021)	RECAP
	March 5, 2021	Motions Referred
5	March 5, 2021	Unopposed MOTION for Extension of Time to File Answer to 1 Complaint,, by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 03/05/2021)	RECAP
6	March 5, 2021	MOTION to Continue /Extend Class Certification Briefing Deadlines by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 03/05/2021)	RECAP
7	March 5, 2021	RESPONSE to 6 MOTION to Continue /Extend Class Certification Briefing Deadlines filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 03/05/2021)	RECAP
	March 5, 2021	MOTION(S) REFERRED: 5 Unopposed MOTION for Extension of Time to File Answer to 1 Complaint,, . This motion is now pending before the USMJ. (ELW)
8	March 8, 2021	ORDER: Because the requirements of Local Rule 7(a) are met, Defendants' 5 unopposed Motion for Extension of Time to Plead is GRANTED, and Defendants now have until April 9, 2021, to respond to the Complaint. Signed by Magistrate Judge Scott D. Johnson on 3/8/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 03/08/2021)	RECAP
9	March 8, 2021	SUMMONS Returned Executed by Joel Giroir. All Defendants. (Kumar, Nishi) (Entered: 03/08/2021)	RECAP
	March 8, 2021	Order on Motion for Extension of Time to Answer
	March 12, 2021	Motions Referred
10	March 12, 2021	MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259870) by Joel Giroir. (Attachments: # 1 Attachment Grady Declaration, # 2 Attachment IL Admission, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)	RECAP
11	March 12, 2021	MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259877) by Joel Giroir. (Attachments: # 1 Attachment Weil Declaration, # 2 Attachment IL Certificate, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)	RECAP
12	March 12, 2021	MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259878) by Joel Giroir. (Attachments: # 1 Attachment Hazinski Declaration, # 2 Attachment IL Certificate, # 3 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 03/12/2021)	RECAP
13	March 12, 2021	ORDER granting 10, 11, and 12 Motions for Sarah Grady, Stephen Weil, and John Hazinski to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 3/12/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 03/12/2021)	RECAP
	March 12, 2021	MOTION(S) REFERRED: 10 MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259870). This motion is now pending before the USMJ. (SWE)
	March 12, 2021	MOTION(S) REFERRED: 11 MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259877). This motion is now pending before the USMJ. (SWE)
	March 12, 2021	MOTION(S) REFERRED: 12 MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2259878). This motion is now pending before the USMJ. (SWE)
	March 12, 2021	Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice
14	March 30, 2021	MOTION to Enjoin and MOTION to Amend 1 Complaint by Preston G. Demouchette, Jr. (Attachments: # 1 Attachment)(KMW) (Additional attachment(s) added on 4/1/2021: # 2 summons) (KMW). (Entered: 04/01/2021) 1 Attachment View on RECAP 2 summons View on PACER	RECAP
15	March 30, 2021	MOTION to Proceed In Forma Pauperis with Statement of Account by Preston G. Demouchette, Jr. (KMW) (Entered: 04/01/2021)	RECAP
	April 1, 2021	Motions Referred
	April 1, 2021	MOTION(S) REFERRED: 14 MOTION to Enjoin and MOTION to Amend 1 Complaint, 15 MOTION to Proceed In Forma Pauperis with Statement of Account. This motion is now pending before the USMJ. (KMW)
16	April 9, 2021	ORDER denying 14 Motion to Join an Indispensable Party and Amend the Complaint and 15 Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Scott D. Johnson on 4/8/2021. (SWE) (Entered: 04/09/2021)	RECAP
17	April 9, 2021	MOTION to Dismiss Pursuant to Rule 12(B)(6) by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Attachment Proposed Order)(Blanchfield, Andrew) Modified on 4/9/2021 to edit the docket text (SWE). (Entered: 04/09/2021) 1 Memorandum in Support View on PACER 2 Exhibit View on PACER 3 Attachment Proposed Order View on PACER	RECAP
18	April 12, 2021	NOTICE of Briefing Schedule on 17 MOTION to Dismiss Pursuant to Rule 12(B)(6) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/12/2021)	RECAP
19	April 12, 2021	Notice to Counsel:Status Conference before the District Judge set for 4/19/2021 at 1:30 PM by zoom video conferencing before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/12/2021)	RECAP
20	April 19, 2021	Minute Entry for proceedings held before Judge John W. deGravelles: Status Conference held on 4/19/2021. Counsel informed the Court that this matter is a companion case to Civil Action 20-cv-00233-JWD-SDJ, Humphrey v. LeBlanc and both sides agreed the matters should be consolidated for discovery purposes only. The 6 MOTION to Continue /Extend Class Certification Briefing Deadlines is GRANTED and the 3 MOTION for Class Certification is DENIED, without prejudice, subject to be refiled after discovery is completed. (ELW) Modified on 4/20/2021 to edit the textg (NLT) (Entered: 04/19/2021)	RECAP
21	April 30, 2021	MEMORANDUM in Opposition to 17 MOTION to Dismiss Pursuant to Rule 12(B)(6) filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 04/30/2021)	RECAP
22	May 3, 2021	Joint MOTION to Consolidate Case with 20-233 for the Purposes of Discovery by Joel Giroir. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 05/03/2021) 1 Attachment Proposed Order View on PACER	RECAP
23	May 5, 2021	ORDER granting 22 Motion to Consolidate Cases for the Purposes of Discovery. Class Certification discovery for Giroir will be completed by 8/17/2021. Plaintiffs' motion for class certification in Giroir will be due by 9/3/2021. Defendants' response will be due by 10/1/2021 and Plaintiffs' reply will be due by 10/10/2021. Lead Case Number: 20-233. Member Case Number(s): 21-108. Signed by Judge John W. deGravelles on 5/4/2021. (SWE) (Entered: 05/05/2021)	RECAP
24	May 12, 2021	REPLY MEMORANDUM in Support to 17 MOTION to Dismiss Pursuant to Rule 12(B)(6) filed by James LeBlanc, Louisiana Department of Public Safety & Corrections. (Blanchfield, Andrew) Modified on 5/12/2021 to edit text (ELW). (Entered: 05/12/2021)	RECAP
25	Sept. 10, 2021	MOTION to Certify Class by Joel Giroir. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, Defs' Resp to Pl's Interrogatories, # 3 Exhibit 2, CTQ Project Charter, # 4 Exhibit 3, LeBlanc Dep., # 5 Exhibit 4, Legislative Auditor Report, # 6 Exhibit 5, Gabriel Letter)(Ramaswamy, Rebecca) (Entered: 09/10/2021) 1 Memorandum in Support View on RECAP 2 Exhibit 1, Defs' Resp to Pl's Interrogatories View on PACER 3 Exhibit 2, CTQ Project Charter View on RECAP 4 Exhibit 3, LeBlanc Dep. View on RECAP 5 Exhibit 4, Legislative Auditor Report View on PACER 6 Exhibit 5, Gabriel Letter View on PACER	RECAP
26	Sept. 13, 2021	NOTICE of Briefing Schedule on 25 MOTION to Certify Class : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 09/13/2021)	RECAP
27	Oct. 1, 2021	MEMORANDUM in Opposition to 25 MOTION to Certify Class filed by James LeBlanc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 2, # 6 Exhibit 2-A, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Jones, Christopher) (Entered: 10/01/2021) 1 Exhibit 1 View on PACER 2 Exhibit 1-A View on PACER 3 Exhibit 1-B View on PACER 4 Exhibit 1-C View on PACER 5 Exhibit 2 View on PACER 6 Exhibit 2-A View on PACER 7 Exhibit 3 View on PACER 8 Exhibit 4 View on PACER 9 Exhibit 5 View on PACER	RECAP
28	Oct. 1, 2021	MOTION to Strike/Exclude Certain Evidence Offered By Plaintiff in Support of Motion to Certify Class by James LeBlanc. (Attachments: # 1 Memorandum in Support)(Jones, Christopher) (Entered: 10/01/2021) 1 Memorandum in Support View on PACER	RECAP
29	Oct. 4, 2021	NOTICE of Briefing Schedule on 28 MOTION to Strike/Exclude Certain Evidence Offered By Plaintiff in Support of Motion to Certify Class : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 10/04/2021)	RECAP
30	Oct. 15, 2021	REPLY in Support of 25 MOTION to Certify Class filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 10/15/2021)	RECAP
31	Oct. 22, 2021	MEMORANDUM in Opposition to 28 MOTION to Strike/Exclude Certain Evidence Offered By Plaintiff in Support of Motion to Certify Class filed by Joel Giroir. (Attachments: # 1 Exhibit Ex. A - Secretary LeBlanc Depo Transcript, # 2 Exhibit Ex. B - Griffin Depo Transcript, # 3 Exhibit Ex. C - Whittaker Depo Transcript, # 4 Exhibit Ex. D - Ellis Depo Transcript, # 5 Exhibit Ex. E - Hudnall Depo Transcript, # 6 Exhibit Ex. F - Gueho Depo Transcript, # 7 Exhibit Ex. G - 2017 Legislative Auditor Report, # 8 Exhibit Ex. H - Gabriel Declaration)(Ramaswamy, Rebecca) (Entered: 10/22/2021) 1 Exhibit Ex. A - Secretary LeBlanc Depo Transcript View on PACER 2 Exhibit Ex. B - Griffin Depo Transcript View on PACER 3 Exhibit Ex. C - Whittaker Depo Transcript View on PACER 4 Exhibit Ex. D - Ellis Depo Transcript View on PACER 5 Exhibit Ex. E - Hudnall Depo Transcript View on PACER 6 Exhibit Ex. F - Gueho Depo Transcript View on PACER 7 Exhibit Ex. G - 2017 Legislative Auditor Report View on PACER 8 Exhibit Ex. H - Gabriel Declaration View on PACER	RECAP
32	Nov. 4, 2021	REPLY in Support of 28 MOTION to Strike/Exclude Certain Evidence Offered By Plaintiff in Support of Motion to Certify Class filed by All Defendants. (Jones, Christopher) (Entered: 11/04/2021)	RECAP
33	Nov. 15, 2021	MOTION for John Hazinski to Withdraw as Attorney by All Plaintiffs. (Grady, Sarah) (Entered: 11/15/2021)	RECAP
	Nov. 17, 2021	Motions Referred
	Nov. 17, 2021	MOTION(S) REFERRED: 33 MOTION for John Hazinski to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)
35	Nov. 18, 2021	MOTION for John Hazinski to Withdraw as Attorney by Joel Giroir. (Attachments: # 1 Proposed Pleading;)(Hazinski, John) (Entered: 11/18/2021) 1 Proposed Pleading; View on RECAP	RECAP
34	Nov. 18, 2021	ORDER denying 33 Motion to Withdraw John Hazinski as Attorney. Signed by Magistrate Judge Scott D. Johnson on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 11/18/2021)	RECAP
	Nov. 18, 2021	Order on Motion to Withdraw as Attorney
	Nov. 19, 2021	Motions Referred
	Nov. 19, 2021	MOTION(S) REFERRED: 35 MOTION for John Hazinski to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)
36	Nov. 22, 2021	ORDER granting 35 Motion to Withdraw John Hazinski as Attorney. Signed by Magistrate Judge Scott D. Johnson on 11/22/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 11/22/2021)	RECAP
	Nov. 22, 2021	Order on Motion to Withdraw as Attorney
37	Dec. 16, 2021	MOTION to Enroll Elena Malik as Additional Attorney by Joel Giroir. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 12/16/2021)	RECAP
	Dec. 17, 2021	Motions Referred
	Dec. 17, 2021	MOTION(S) REFERRED: 37 MOTION to Enroll Elena Malik as Additional Attorney . This motion is now pending before the USMJ. (DCB)
38	Dec. 20, 2021	ORDER granting 37 Motion to Enroll Additional Attorney. Added attorney Elena Malik for Joel Giroir. Signed by Magistrate Judge Scott D. Johnson on 12/20/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 12/20/2021)	RECAP
	Dec. 20, 2021	Order on Motion to Enroll Additional Attorney
39	Jan. 7, 2022	MOTION to Enroll Caroline Gabriel as Additional Attorney by All Plaintiffs. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 01/07/2022)	RECAP
	Jan. 10, 2022	Motions Referred
40	Jan. 10, 2022	ORDER granting 39 Motion to Enroll Additional Attorney. Added attorney Caroline Gabriel for Joel Giroir. Signed by Magistrate Judge Scott D. Johnson on 1/10/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 01/10/2022)	RECAP
	Jan. 10, 2022	MOTION(S) REFERRED: 39 MOTION to Enroll Caroline Gabriel as Additional Attorney . This motion is now pending before the USMJ. (ELW)
	Jan. 10, 2022	Order on Motion to Enroll Additional Attorney
	Feb. 7, 2022	Motions Referred
41	Feb. 7, 2022	MOTION for Kelly Jo Popkin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2392675) by Joel Giroir. (Attachments: # 1 Exhibit A, # 2 Proposed Pleading; Order granting PHV)(Grady, Sarah) (Entered: 02/07/2022)	RECAP
42	Feb. 7, 2022	ORDER granting 41 Motion for Kelly Jo Popkin to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 2/7/2022. ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 02/07/2022)	RECAP
	Feb. 7, 2022	MOTION(S) REFERRED: 41 MOTION for Kelly Jo Popkin to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2392675). This motion is now pending before the USMJ. (ELW)
	Feb. 7, 2022	Order on Motion to Appear Pro Hac Vice
43	March 8, 2022	NOTICE OF Supplemental Authority in Support of Defendants' Memorandum in Opposition to Plaintiff's Motion to Certify Class by James LeBlanc, Louisiana Department of Public Safety & Corrections re 27 Memorandum in Opposition to, (Attachments: # 1 Exhibit 1 - Grant Opinion-5th Circuit)(Jones, Christopher) (Entered: 03/08/2022) 1 Exhibit 1 - Grant Opinion-5th Circuit View on RECAP	RECAP
44	March 15, 2022	RESPONSE to 43 Notice of (other), Supplemental Authority filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 03/15/2022)	RECAP
45	March 30, 2022	RULING AND ORDER: Motion to Dismiss Pursuant to Rule 12(B)(6) (Doc. 17) filed by Defendants James LeBlanc and the Louisiana Department of Public Safety & Corrections is GRANTED in part and DENIED in part. Defendants' motion seeking dismissal of claims on the basis of prescription is GRANTED, and any such claims are DISMISSED WITHOUT PREJUDICE. Plaintiff shall have twenty-eight (28) days to amend the operative complaint to cure the above deficiencies. Failure to do so will result in dismissal of his claims with prejudice...Defendants' motion is DENIED in all other respects. Signed by Judge John W. deGravelles on 03/30/2022. (KDC) (Entered: 03/30/2022)	Clearinghouse
46	April 27, 2022	AMENDED COMPLAINT against James LeBlanc, Louisiana Department of Public Safety & Corrections, filed by Joel Giroir. (Attachments: # 1 Exhibit Ex. 1 LeBlanc Dep, # 2 Exhibit Ex. 2 DOC Grant Application, # 3 Exhibit Ex. 3 Giroir Decl, # 4 Exhibit Ex. 4 Griffin Dep, # 5 Exhibit Ex. 5 Gueho Dep, # 6 Exhibit Ex. 6 Lean Six Sigma, # 7 Exhibit Ex. 7 Ellis Dep, # 8 Exhibit Ex. 8 Whittaker Dep, # 9 Exhibit Ex. 9 Feb Pull Doc, # 10 Exhibit Ex. 10 LeBlanc Emails)(Ramaswamy, Rebecca) (Entered: 04/27/2022) 1 Exhibit Ex. 1 LeBlanc Dep View on PACER 2 Exhibit Ex. 2 DOC Grant Application View on PACER 3 Exhibit Ex. 3 Giroir Decl View on PACER 4 Exhibit Ex. 4 Griffin Dep View on PACER 5 Exhibit Ex. 5 Gueho Dep View on PACER 6 Exhibit Ex. 6 Lean Six Sigma View on PACER 7 Exhibit Ex. 7 Ellis Dep View on PACER 8 Exhibit Ex. 8 Whittaker Dep View on PACER 9 Exhibit Ex. 9 Feb Pull Doc View on PACER 10 Exhibit Ex. 10 LeBlanc Emails View on PACER	Clearinghouse
47	April 28, 2022	Notice to Counsel: Within 7 days of today, counsel shall file simultaneous briefs (not to exceed 3 pages) on the effect of the Amended Complaint (Doc. 46) on the Motion for Class Certification (Doc. 25) and the need to file a new motion in light of the Amended Complaint.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 04/28/2022)	RECAP
48	May 5, 2022	MEMORANDUM Regarding the Effect of the Amended Complaint on Motion for Class Certification by Joel Giroir (Ramaswamy, Rebecca) Modified on 5/9/2022 to edit the text (NLT). (Entered: 05/05/2022)	RECAP
49	May 5, 2022	RESPONSE to 47 Notice to Counsel Regarding the Effect of the Amended Complaint on Motion for Class Certification by James LeBlanc, Louisiana Department of Public Safety & Corrections (Blanchfield, Andrew) Modified on 5/9/2022 to edit the text (NLT). (Entered: 05/05/2022)	RECAP
50	June 15, 2022	NOTICE OF Supplemental Authority in Support of Plaintiff's Motion to Certify Class by Joel Giroir (Attachments: # 1 Exhibit A (5th Cir. Decision in Crittindon))(Most, William) (Entered: 06/15/2022)	RECAP
51	June 15, 2022	ANSWER to 46 Amended Complaint,, by James LeBlanc, Louisiana Department of Public Safety & Corrections.(Blanchfield, Andrew) (Entered: 06/15/2022)	RECAP
52	June 16, 2022	RESPONSE to 50 Notice of (other) Supplemental Authority in Support of Defendants' Memorandum in Opposition to Plaintiff's Motion to Certify Class filed by James LeBlanc. (Jones, Christopher) (Entered: 06/16/2022)	RECAP
53	June 24, 2022	Notice to Counsel:Status Conference before the District Judge set for 6/30/2022 at 2:00 PM by zoom before Judge John W. deGravelles. Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.Participants must be in appropriate courtroom attire, seated in a private room or office, and using a camera that is stationary. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/24/2022)	RECAP
54	June 30, 2022	Minute Entry for proceedings held before Judge John W. deGravelles. Status Conference held on 6/30/2022, Motions 25 MOTION to Certify Class filed by Joel Giroir AND 28 MOTION to Strike/Exclude Certain Evidence Offered By Plaintiff in Support of Motion to Certify Class are DENIED.The parties shall file a joint report setting forth the status of their progress on settlement. After the Court receives the report on settlement, the Court will determine if the stay order should be extended or if the case should be reopened due at the end of this sixty-days, or on or before by 8/29/2022. (ELW) (Entered: 07/05/2022)	RECAP
55	July 8, 2022	SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 8/17/2022 at 02:00 PM by video before Magistrate Judge Scott D. Johnson. Signed by Magistrate Judge Scott D. Johnson on 7/8/2022. (Attachments: # 1 Zoom Instructions)(KAH) (Entered: 07/08/2022)	RECAP
56	July 15, 2022	Certificate of Interested Parties by Joel Giroir (Malik, Elena) (Main Document 56 replaced on 7/21/2022) (ELW). Modified on 7/21/2022 to flatten document (ELW). (Entered: 07/15/2022)	RECAP
57	July 20, 2022	MOTION for Sarah Grady to Withdraw as Attorney by Joel Giroir (Attachments: # 1 Proposed Order)(Grady, Sarah) (Entered: 07/20/2022)	RECAP
58	July 21, 2022	ORDER granting 57 Motion to Withdraw Sarah Grady as Attorney. Signed by Magistrate Judge Scott D. Johnson on 7/21/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/21/2022)	RECAP
59	July 21, 2022	MOTION for Elena Malik to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Malik, Elena) (Entered: 07/21/2022)	RECAP
60	July 21, 2022	STRICKEN FROM THE RECORD MOTION for Elena Malik to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Malik, Elena) Modified on 7/22/2022 to remove document as it has been stricken by Order #63 (LLH). (Entered: 07/21/2022)	RECAP
61	July 21, 2022	MOTION to Strike an Incorrectly Filed Document 60 MOTION for Elena Malik to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Malik, Elena) (Entered: 07/21/2022)	RECAP
	July 21, 2022	MOTION(S) REFERRED: 57 MOTION for Sarah Grady to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)
	July 21, 2022	Motions Referred
	July 21, 2022	MOTION(S) REFERRED: 59 MOTION for Elena Malik to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)
	July 21, 2022	Order on Motion to Withdraw as Attorney
	July 21, 2022	Withdraw as Attorney
62	July 22, 2022	ORDER granting 59 Motion to Withdraw Elena Malik as Attorney. Signed by Magistrate Judge Scott D. Johnson on 7/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/22/2022)	RECAP
63	July 22, 2022	ORDER granting 61 Motion to Strike Motion for Elena Malik to Withdraw as Attorney. Signed by Magistrate Judge Scott D. Johnson on 7/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/22/2022)	RECAP
	July 22, 2022	Motions Referred
	July 22, 2022	MOTION(S) REFERRED: 61 MOTION to Strike an Incorrectly Filed Document 60 MOTION for Elena Malik to Withdraw as Attorney, 60 MOTION for Elena Malik to Withdraw as Attorney . This motion is now pending before the USMJ. (LLH)
	July 22, 2022	Order on Motion to Withdraw as Attorney
	July 22, 2022	Order on Motion to Strike an Incorrectly Filed Document AND Order on Motion to Withdraw as Attorney
64	July 28, 2022	NOTICE: A Status Conference is set jointly for this case and for Humphrey, et al. v. LeBlanc, et al, No. 3:20-cv-00233-JWD-SDJ on August 8, 2022, at 10:00 a.m. vy video before Magistrate Judge Scott D. Johnson to discuss beginning Court-facilitated settlement negotiations in each case. (KAH) (Entered: 07/28/2022)	RECAP
65	Aug. 8, 2022	Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Status Conference held on 8/8/2022. The parties expressed an interest in and discussed plans for proceeding with settlement discussions in both cases. Further discussions about how to coordinate settlement efforts related to the two cases will take place at the scheduled Settlement Conference in the Giroir case on August 17, 2022. (KAH) (Entered: 08/08/2022)	RECAP
66	Aug. 17, 2022	Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Settlement Conference held on 8/17/2022. The parties were unable to reach a resolution at this time. A follow-up Settlement Conference is set for September 16, at 1:00 p.m. by video. (KAH) (Entered: 08/18/2022)	RECAP

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Case Details

State / Territory:

Louisiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 19, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons who have been, or will be, sentenced to the custody of the Louisiana DOC, and who were, or will be, entitled to release at the time of their sentencing, but who nevertheless remain in custody, now or in the future, for more than 48 hours past their sentencing dates

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Secretary

The Louisiana Department of Public Safety & Corrections