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

Clearinghouse coding complete

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.…

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 April 9, 2021, the defendant filed a motion to dismiss. 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.

On September 10, 2021, following a class certification discovery period, the plaintiff once again filed a motion for class certification. The case is ongoing and as of October 27, 2021, the court has not yet adjudicated the motion to dismiss.

Summary Authors

Emma Mertens (10/19/2021)

People

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


Attorneys(s) for Plaintiff

Grady, Sarah (Illinois)

Hazinski, John (Illinois)

Kanovitz, Michael I. (Illinois)

Kumar, Nishi Lal (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Most, William Brock (Louisiana)

Ramaswamy, Rebecca R. (Louisiana)

Weil, Stephen Heschel (Illinois)

Attorneys(s) for Plaintiff

Grady, Sarah (Illinois)

Hazinski, John (Illinois)

Kanovitz, Michael I. (Illinois)

Kumar, Nishi Lal (Louisiana)

Montagnes, Mercedes Hardy (Louisiana)

Most, William Brock (Louisiana)

Ramaswamy, Rebecca R. (Louisiana)

Weil, Stephen Heschel (Illinois)

Documents in the Clearinghouse

Document

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

Resources

Docket

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

Last updated Aug. 11, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

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

Feb. 19, 2021

Feb. 19, 2021

RECAP
2

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)

Feb. 19, 2021

Feb. 19, 2021

PACER
3

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

Feb. 19, 2021

Feb. 19, 2021

RECAP
4

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)

Feb. 22, 2021

Feb. 22, 2021

PACER
5

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)

March 5, 2021

March 5, 2021

PACER
6

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)

March 5, 2021

March 5, 2021

PACER
7

RESPONSE to 6 MOTION to Continue /Extend Class Certification Briefing Deadlines filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER

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)

March 5, 2021

March 5, 2021

PACER
8

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)

March 8, 2021

March 8, 2021

PACER
9

SUMMONS Returned Executed by Joel Giroir. All Defendants. (Kumar, Nishi) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

Order on Motion for Extension of Time to Answer

March 8, 2021

March 8, 2021

PACER
10

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)

March 12, 2021

March 12, 2021

PACER
11

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)

March 12, 2021

March 12, 2021

PACER
12

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)

March 12, 2021

March 12, 2021

PACER

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

March 12, 2021

PACER

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

March 12, 2021

PACER

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

March 12, 2021

PACER
13

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)

March 12, 2021

March 12, 2021

PACER

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

March 12, 2021

March 12, 2021

PACER
14

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

March 30, 2021

March 30, 2021

PACER
15

MOTION to Proceed In Forma Pauperis with Statement of Account by Preston G. Demouchette, Jr. (KMW) (Entered: 04/01/2021)

March 30, 2021

March 30, 2021

PACER

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)

April 1, 2021

April 1, 2021

PACER
16

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)

April 9, 2021

April 9, 2021

RECAP
17

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

April 9, 2021

April 9, 2021

RECAP
18

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)

April 12, 2021

April 12, 2021

PACER
19

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)

April 12, 2021

April 12, 2021

PACER
20

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)

April 19, 2021

April 19, 2021

PACER
21

MEMORANDUM in Opposition to 17 MOTION to Dismiss Pursuant to Rule 12(B)(6) filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 04/30/2021)

April 30, 2021

April 30, 2021

PACER
22

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

May 3, 2021

May 3, 2021

PACER
23

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)

May 5, 2021

May 5, 2021

RECAP
24

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)

May 12, 2021

May 12, 2021

PACER
25

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 PACER

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

Sept. 10, 2021

Sept. 10, 2021

RECAP
26

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)

Sept. 13, 2021

Sept. 13, 2021

PACER
27

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

Oct. 1, 2021

Oct. 1, 2021

RECAP
28

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

Oct. 1, 2021

Oct. 1, 2021

PACER
29

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)

Oct. 4, 2021

Oct. 4, 2021

PACER
30

REPLY in Support of 25 MOTION to Certify Class filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
31

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

Oct. 22, 2021

Oct. 22, 2021

RECAP
32

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)

Nov. 4, 2021

Nov. 4, 2021

RECAP
33

MOTION for John Hazinski to Withdraw as Attorney by All Plaintiffs. (Grady, Sarah) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

MOTION(S) REFERRED: 33 MOTION for John Hazinski to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)

Nov. 17, 2021

Nov. 17, 2021

PACER
34

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)

Nov. 18, 2021

Nov. 18, 2021

PACER
35

MOTION for John Hazinski to Withdraw as Attorney by Joel Giroir. (Attachments: # 1 Proposed Pleading;)(Hazinski, John) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Order on Motion to Withdraw as Attorney

Nov. 18, 2021

Nov. 18, 2021

PACER

MOTION(S) REFERRED: 35 MOTION for John Hazinski to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)

Nov. 19, 2021

Nov. 19, 2021

PACER
36

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)

Nov. 22, 2021

Nov. 22, 2021

PACER

Order on Motion to Withdraw as Attorney

Nov. 22, 2021

Nov. 22, 2021

PACER
37

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)

Dec. 16, 2021

Dec. 16, 2021

PACER

MOTION(S) REFERRED: 37 MOTION to Enroll Elena Malik as Additional Attorney . This motion is now pending before the USMJ. (DCB)

Dec. 17, 2021

Dec. 17, 2021

PACER
38

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)

Dec. 20, 2021

Dec. 20, 2021

PACER

Order on Motion to Enroll Additional Attorney

Dec. 20, 2021

Dec. 20, 2021

PACER
39

MOTION to Enroll Caroline Gabriel as Additional Attorney by All Plaintiffs. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER

MOTION(S) REFERRED: 39 MOTION to Enroll Caroline Gabriel as Additional Attorney . This motion is now pending before the USMJ. (ELW)

Jan. 10, 2022

Jan. 10, 2022

PACER
40

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)

Jan. 10, 2022

Jan. 10, 2022

PACER

Order on Motion to Enroll Additional Attorney

Jan. 10, 2022

Jan. 10, 2022

PACER
41

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)

Feb. 7, 2022

Feb. 7, 2022

PACER

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

Feb. 7, 2022

PACER
42

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)

Feb. 7, 2022

Feb. 7, 2022

PACER

Order on Motion to Appear Pro Hac Vice

Feb. 7, 2022

Feb. 7, 2022

PACER
43

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)

March 8, 2022

March 8, 2022

PACER
44

RESPONSE to 43 Notice of (other), Supplemental Authority filed by Joel Giroir. (Ramaswamy, Rebecca) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
45

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)

March 30, 2022

March 30, 2022

RECAP
46

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)

April 27, 2022

April 27, 2022

PACER
47

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)

April 28, 2022

April 28, 2022

PACER
48

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)

May 5, 2022

May 5, 2022

RECAP
49

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)

May 5, 2022

May 5, 2022

RECAP
50

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)

June 15, 2022

June 15, 2022

PACER
51

ANSWER to 46 Amended Complaint,, by James LeBlanc, Louisiana Department of Public Safety & Corrections.(Blanchfield, Andrew) (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

PACER
52

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)

June 16, 2022

June 16, 2022

PACER
53

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)

June 24, 2022

June 24, 2022

PACER
54

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)

June 30, 2022

June 30, 2022

PACER
55

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)

July 8, 2022

July 8, 2022

PACER
56

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)

July 15, 2022

July 15, 2022

PACER
57

MOTION for Sarah Grady to Withdraw as Attorney by Joel Giroir (Attachments: # 1 Proposed Order)(Grady, Sarah) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER

MOTION(S) REFERRED: 57 MOTION for Sarah Grady to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)

July 21, 2022

July 21, 2022

PACER
58

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)

July 21, 2022

July 21, 2022

PACER
59

MOTION for Elena Malik to Withdraw as Attorney by All Plaintiffs (Attachments: # 1 Proposed Order)(Malik, Elena) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
60

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)

July 21, 2022

July 21, 2022

PACER
61

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)

July 21, 2022

July 21, 2022

PACER

MOTION(S) REFERRED: 59 MOTION for Elena Malik to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)

July 21, 2022

July 21, 2022

PACER

Order on Motion to Withdraw as Attorney

July 21, 2022

July 21, 2022

PACER

Withdraw as Attorney

July 21, 2022

July 21, 2022

PACER
62

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)

July 22, 2022

July 22, 2022

PACER

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

July 22, 2022

PACER
63

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)

July 22, 2022

July 22, 2022

PACER

Order on Motion to Withdraw as Attorney

July 22, 2022

July 22, 2022

PACER

Order on Motion to Strike an Incorrectly Filed Document AND Order on Motion to Withdraw as Attorney

July 22, 2022

July 22, 2022

PACER
64

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)

July 28, 2022

July 28, 2022

PACER
65

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)

Aug. 8, 2022

Aug. 8, 2022

PACER

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

The Louisiana Department of Public Safety & Corrections, State

Secretary, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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:

Over/Unlawful Detention

Pattern or Practice

Type of Facility:

Government-run