Case: E.B. v. Landry

3:19-cv-00862 | U.S. District Court for the Middle District of Louisiana

Filed Date: Dec. 13, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs, three persons seeking to expunge various criminal records in Louisiana, filed this putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana on December 13, 2019, challenging Louisiana’s expungement fees. In particular, the plaintiffs challenged the $550 fee per expungement “event”—that is, per record per date per jurisdiction—as wealth-based discrimination in violation of fundamental fairness, procedural due process, and equal protection. They …

Plaintiffs, three persons seeking to expunge various criminal records in Louisiana, filed this putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana on December 13, 2019, challenging Louisiana’s expungement fees. In particular, the plaintiffs challenged the $550 fee per expungement “event”—that is, per record per date per jurisdiction—as wealth-based discrimination in violation of fundamental fairness, procedural due process, and equal protection. They brought the action on behalf of themselves and “all Louisianans who have or will have criminal record events that qualify for expungement and who cannot afford the costs and fees Defendants require for those expungements.” They also sought to represent a subclass of all Louisianans who have or will have non-conviction criminal record events but who cannot obtain a statutory fee waiver to expunge those events because of a prior conviction. Plaintiffs were represented by Equal Justice Under Law and The First 72+.

The case was assigned to U.S. District Judge John W. deGravelles.

The putative named plaintiffs had been arrested but not convicted of certain crimes, pled guilty or been convicted of misdemeanor or non-violent felony offenses, and/or had convictions that had been set aside by the criminal court, all of which qualified for expungement. Although fee waivers were available in some cases, the plaintiffs did not qualify because of exclusions for those with prior felony convictions or pending felony charges, and because clerks throughout the state could discretionarily decline fee waivers with input from prosecutors. The plaintiffs asserted that the high costs of expungement and the discretionary fee waiver decisions not tied to indigency were irrational, undermined the stated purpose of the expungement laws enacted by the legislature, and impermissibly distinguished between persons with the same criminal record events.

The plaintiffs sought to bring this action against the Attorney General of Louisiana in his official capacity, the Clerk of Court of the East Baton Rouge Parish Court, in his official capacity and as a representative of a defendant class comprised of all parish clerks in the state, and the District Attorney of East Baton Rouge Parish, in his official capacity, and as a representative of a defendant class comprised of all district attorneys in the state. They requested declaratory and injunctive relief.

On June 30, 2020, the court rejected as premature plaintiffs’ pre-discovery request to certify the plaintiff and defendant classes, in light of “pending motions to dismiss and having considered the record as a whole.” 2020 WL 6439503. It therefore denied without prejudice plaintiffs’ motions to certify.

Thereafter, on March 30, 2021, the court granted in part and denied in part the defendants’ motions to dismiss the action. In two separate motions, defendants had sought dismissal on the basis of lack of subject matter jurisdiction, sovereign immunity, the applicability of the Tax Injunction Act, and failure to state a claim. The court agreed that the plaintiffs lacked standing to sue, and did not reach the other asserted grounds for dismissal. Assuming without deciding that the plaintiffs had satisfied Article III’s injury-in-fact requirement, the court held that the plaintiffs nonetheless failed to establish causation, that is, how the defendants had done anything personally to cause them harm. Because the plaintiffs had failed to allege that they were convicted of any crimes in East Baton Rouge Parish, and there was no basis for so inferring, their injuries were not traceable to the East Baton Rouge Parish officials named as defendants in the lawsuit. Moreover, the plaintiffs did not allege that the attorney general had any involvement in prosecuting or otherwise making decisions about their cases or expungement processes. Therefore, because the plaintiffs had failed adequately to allege the causation or redressability required for standing, dismissal was appropriate. Ultimately, the court dismissed the action without prejudice for lack of subject matter jurisdiction. 2021 WL 1201667.

On May 7, 2021, the plaintiffs filed an amended complaint removing the Attorney General as a defendant and naming, instead, the Clerks of Courts of East Baton Rouge Parish, Livingston Paris, Orleans Parish, and Jefferson Parish, and the District Attorneys of the corresponding Districts, again as putative defendant class representatives. The allegations were amended to specify the parishes in which the plaintiffs’ relevant arrests, pleas, and/or convictions occurred. On July 9, 2021, the defendants renewed their motion to dismiss. That motion remains pending.

Summary Authors

Tessa Bialek (9/24/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16584617/parties/eb-v-landry/


Judge(s)

DeGravelles, John Wheadon (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Davy, James (Pennsylvania)

Orians, Kelly Elizabeth (Louisiana)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Alford, John Salm (Louisiana)

Bandaries, Madro (Louisiana)

Cody, Jeffrey K. (Louisiana)

Daste, Carey Buckland (Louisiana)

Lee, Dale R. (Louisiana)

Judge(s)

DeGravelles, John Wheadon (Louisiana)

Johnson, Scott D. (Louisiana)

Attorneys(s) for Plaintiff

Davy, James (Pennsylvania)

Orians, Kelly Elizabeth (Louisiana)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Alford, John Salm (Louisiana)

Bandaries, Madro (Louisiana)

Cody, Jeffrey K. (Louisiana)

Daste, Carey Buckland (Louisiana)

Lee, Dale R. (Louisiana)

Murphy, John Gregory (Louisiana)

Paul, Matthew J. (Louisiana)

Perrilloux, Scott M (Louisiana)

Rushton, Douglas Edward Jr (Louisiana)

St. John, Joseph S (Louisiana)

Walsh, John Charles (Louisiana)

Wright, Stacy Lynn (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 28, 2021 Docket
1

Class Action

Dec. 13, 2019 Complaint
55

Ruling and Order

2021 WL 1201667

March 30, 2021 Order/Opinion
60 & 60-1 to 60-3

Second Amended Complaint

E.B. v. Welborn

May 7, 2021 Complaint

Resources

Title Description External URL

E.B. et al v. Louisiana Attorney General

Equal Justice Under Law

Equal Justice Under Law filed a class-action lawsuit against Louisiana’s Attorney General and state and local court officials to help 300,000+ Louisianans who are prevented from rebuilding their live… Dec. 13, 2019 https://equaljusticeunderlaw.org/case-eb-et-al-v-louisiana-attorney-general

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16584617/eb-v-landry/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants, filed by E. B., T. R., D. W.. (Attachments: # 1 Exhibit Declaration of E.B., # 2 Exhibit Declaration of D.W., # 3 Exhibit Declaration of T.R., # 4 Attachment Civil Cover Sheet, # 5 Attachment Def. Landry Summons, # 6 Attachment Def. Welborn Summons, # 7 Attachment Def. Moore Summons)(Orians, Kelly) (Entered: 12/13/2019)

1 Exhibit Declaration of E.B.

View on PACER

2 Exhibit Declaration of D.W.

View on PACER

3 Exhibit Declaration of T.R.

View on PACER

4 Attachment Civil Cover Sheet

View on PACER

5 Attachment Def. Landry Summons

View on PACER

6 Attachment Def. Welborn Summons

View on PACER

7 Attachment Def. Moore Summons

View on PACER

Dec. 13, 2019 RECAP
2

MOTION to Proceed in forma pauperis by E.B. Modified on 12/18/2019 to edit the docket text (KMW). (Entered: 12/13/2019)

Dec. 13, 2019 PACER
3

MOTION to Proceed Anonymously by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Orians, Kelly) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
4

Letter to Attorney Kelly E. Orians regarding Phil Telfeyan and Jim Davy who is Co-Counsel for party E.B., D.W., and T.R.. Attorney is not admitted to practice in LAMD. (KMW) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
5

Summons Issued as to Jeff Landry, Hillar C. Moore, III, Doug Welborn. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 12/13/2019)

Dec. 13, 2019 PACER

MOTION(S) REFERRED: 2 MOTION to Proceed in forma pauperis . This motion is now pending before the USMJ. (KMW)

Dec. 13, 2019 PACER

MOTION(S) REFERRED: 3 MOTION to Proceed Anonymously . This motion is now pending before the USMJ. (KMW)

Dec. 13, 2019 PACER
6

MOTION to Proceed in forma pauperis by D. W.. (KMW) (Entered: 12/18/2019)

Dec. 13, 2019 PACER
7

MOTION to Proceed in forma pauperis by T. R.. (KMW) (Entered: 12/18/2019)

Dec. 13, 2019 PACER

MOTION(S) REFERRED: 6 MOTION to Proceed in forma pauperis, 7 MOTION to Proceed in forma pauperis. This motion is now pending before the USMJ. (KMW)

Dec. 18, 2019 PACER
8

MOTION for James Davy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2052550) by All Plaintiffs. (Attachments: # 1 Exhibit certificate of good standing, # 2 Affidavit signed affidavit)(Orians, Kelly) (Entered: 01/03/2020)

Jan. 3, 2020 PACER
9

MOTION for Phil Telfeyan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2052561) by All Plaintiffs. (Attachments: # 1 Exhibit certificate of good standing, # 2 Affidavit affidavit)(Orians, Kelly) (Entered: 01/03/2020)

Jan. 3, 2020 PACER

MOTION(S) REFERRED: 8 MOTION for James Davy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2052550). This motion is now pending before the USMJ. (LT)

Jan. 3, 2020 PACER

MOTION(S) REFERRED: 9 MOTION for Phil Telfeyan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2052561). This motion is now pending before the USMJ. (LT)

Jan. 3, 2020 PACER
10

ORDER granting 2, 6 and 7 Motion to Proceed in forma pauperis. The Clerk shall file said complaint without prepayment of costs or security thereof and the Clerk is directed to issue process to the defendant(s). The plaintiff(s) is responsible for service of summons and complaint on the defendant(s). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/7/2020. (SWE) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
11

Summons Issued as to Jeff Landry, Hillar C. Moore, III, Doug Welborn. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
12

ORDER denying 8 Motion for James P. Davy to Appear Pro Hac Vice for failure to comply with Local Rule 83(b)(8)(B) and (C). The 9 Motion for Phil Telfeyan to Appear Pro Hac Vice is DENIED for failure to comply with Local Rule 83(b)(8)(C). Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/9/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 01/09/2020)

Jan. 9, 2020 PACER

Order on Motion to Appear Pro Hac Vice

Jan. 9, 2020 PACER
13

Amended Motion for Jim Davy to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Exhibit certificate of good standing, # 2 Affidavit)(Orians, Kelly) Modified on 1/14/2020 to edit text. (EDC). (Entered: 01/13/2020)

Jan. 13, 2020 PACER
14

Amended Motion for Phil Telfeyan to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Affidavit, # 2 Exhibit certificate of good standing)(Orians, Kelly) Modified on 1/14/2020 to edit text. (EDC). (Entered: 01/13/2020)

Jan. 13, 2020 PACER

MOTION(S) REFERRED: 13 MOTION for Jim Davy to Appear Pro Hac Vice, 14 MOTION for Phil Telfeyan to Appear Pro Hac Vice . This motion is now pending before the USMJ. (EDC)

Jan. 14, 2020 PACER
15

ORDER granting 13 and 14 Amended Motions to Appear Pro Hac Vice. Attorneys James P. Davy and Phil Telfeyan are enrolled as pro hac vice co-counsel for Plaintiffs E. B., D. W., and T. R. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 1/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO) (Entered: 01/15/2020)

Jan. 15, 2020 PACER

Order on Motion to Appear Pro Hac Vice

Jan. 15, 2020 PACER
16

MOTION to Certify Class and Subclass of Plaintiffs by All Plaintiffs. (Attachments: # 1 Brief in Support, # 2 Exhibit A:NCSL Report, # 3 Exhibit B: Orians Declaration, # 4 Exhibit C: Telfeyan Declaration)(Davy, James) Modified on 1/24/2020 to edit the text (NLT). (Entered: 01/23/2020)

Jan. 23, 2020 PACER
17

MOTION to Certify Class Two Defendant Classes by All Plaintiffs. (Attachments: # 1 Attachment Brief in Support, # 2 Exhibit Exhibit B (Orians Declaration))(Davy, James) Modified on 1/24/2020 to edit text. (EDC). (Entered: 01/23/2020)

Jan. 23, 2020 PACER
18

WAIVER OF SERVICE Returned Executed by Hillar C. Moore, III. Hillar C. Moore, III waiver sent on 1/24/2020, answer due 3/24/2020. (Lee, Dale) (Entered: 01/29/2020)

Jan. 29, 2020 PACER
19

Joint MOTION to Extend Time and Set Deadlines by Jeff Landry. (Attachments: # 1 Proposed Order)(St. John, Joseph) (Entered: 02/12/2020)

Feb. 12, 2020 PACER

MOTION(S) REFERRED: 19 Joint MOTION to Extend Time and Set Deadlines . This motion is now pending before the USMJ. (ELW)

Feb. 12, 2020 PACER

Motions No Longer Referred: 19 Joint MOTION to Extend Time and Set Deadlines . This motion is now pending before the USDJ. (SGO)

Feb. 18, 2020 PACER
20

NOTICE: Pursuant to General Order 2020-03, this case is reassigned to Magistrate Judge Scott D. Johnson (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(NLT) (Entered: 02/19/2020)

Feb. 19, 2020 PACER

Order Reassigning Case to Magistrate Judge Scott D. Johnson

Feb. 19, 2020 PACER

Order on Motion for Miscellaneous Relief

Feb. 19, 2020 PACER
21

ORDER granting 19 Motion to Extend Time and Set Deadlines. Defendants shall answer or otherwise respond to Plaintiffs' Complaint (ECF 1) on or before March 24, 2020. (2) Defendants shall file any opposition to Plaintiffs' pending Motion to Proceed Anonymously (ECF 3), Motion to Certify a Class and Subclass of Plaintiffs (ECF 16), and Motion to Certify Class Two Defendant Classes (ECF 17) on or before March 24, 2020. 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. Signed by Judge John W. deGravelles on 02/19/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 02/19/2020)

Feb. 19, 2020 PACER

Reset Deadlines: All Defendants shall ANSWER by 3.24.2020; RESPONSE TO MOTIONS: 16 MOTION to Certify Class and Subclass of Plaintiffs, 3 MOTION to Proceed Anonymously, 17 MOTION to Certify Class of Defendant District Attorneys and Class of Defendant Parish Clerks due by 3.24.2020 and any replies are due by 4/7/2020. (KDC)

Feb. 19, 2020 PACER
22

Second Joint MOTION to Extend Time (COVID-19) by Jeff Landry. (Attachments: # 1 Proposed Order)(St. John, Joseph) Modified on 3/19/2020 to edit text (ELW). (Entered: 03/19/2020)

March 19, 2020 PACER

MOTION(S) REFERRED: 22 Second MOTION to Extend Time (COVID-19) . This motion is now pending before the USMJ. (ELW)

March 19, 2020 PACER

Motions No Longer Referred: 22 Second MOTION to Extend Time (COVID-19) . This motion is now pending before the USDJ. (ELW)

March 20, 2020 PACER
23

ORDER granting 22 Second Joint Motion to Extend Time (COVID-19). Defendants shall answer or otherwise respond to Plaintiffs' Complaint (ECF 1) on or before April 13, 2020.Defendants shall file any opposition to Plaintiffs' pending Motion to Proceed Anonymously (ECF 3), Motion to Certify a Class and Subclass of Plaintiffs (ECF 16), and Motion to Certify Class Two Defendant Classes (ECF 17) on or before April 13, 2020.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. Signed by Judge John W. deGravelles on 03/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 03/23/2020)

March 23, 2020 PACER

Order on Motion for Miscellaneous Relief

March 23, 2020 PACER
24

Third MOTION to Extend Time (COVID-19) by Jeff Landry. (Attachments: # 1 Proposed Order)(St. John, Joseph) (Entered: 04/10/2020)

April 10, 2020 PACER
25

ORDER granting 24 Third Joint Motion to Extend Time (COVID-19). Defendants shall answer or otherwise respond to Plaintiffs' Complaint (ECF 1) on or before April 27, 2020.Defendants shall file any opposition to Plaintiffs' pending Motion to Proceed Anonymously (ECF 3), Motion to Certify a Class and Subclass of Plaintiffs (ECF 16), and Motion to Certify Class Two Defendant Classes (ECF 17) on or before April 27, 2020.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. Signed by Judge John W. deGravelles on 04/13/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 04/13/2020)

April 13, 2020 PACER

Order on Motion for Miscellaneous Relief

April 13, 2020 PACER
26

MOTION to Dismiss for Failure to State a Claim by Doug Welborn. (Attachments: # 1 Memorandum in Support, # 2 Attachment Order)(Cody, Jeffrey) (Entered: 04/27/2020)

April 27, 2020 PACER
27

MOTION to Dismiss or MOTION for a More Definite Statement by Jeff Landry. (Attachments: # 1 Memorandum in Support)(St. John, Joseph). Added MOTION for More Definite Statement on 4/28/2020 (KMW). (Entered: 04/27/2020)

April 27, 2020 PACER
28

MEMORANDUM in Opposition to 3 MOTION to Proceed Anonymously filed by All Defendants. (St. John, Joseph) (Entered: 04/27/2020)

April 27, 2020 PACER
29

MEMORANDUM in Opposition to 17 MOTION to Certify Class of Defendant District Attorneys and Class of Defendant Parish Clerks, 16 MOTION to Certify Class and Subclass of Plaintiffs filed by All Defendants. (St. John, Joseph) (Main Document 29 replaced on 4/29/2020 in accordance with RD 32) (KMW). (Entered: 04/27/2020)

April 27, 2020 PACER
30

MOTION to Substitute 29 MEMORANDUM in Opposition to 17 MOTION to Certify Class of Defendant District Attorneys and Class of Defendant Parish Clerks, 16 MOTION to Certify Class and Subclass of Plaintiffs by All Defendants. (Attachments: # 1 Proposed Pleading;, # 2 Proposed Order)(St. John, Joseph) Modified on 4/28/2020 to edit text (LT). (Entered: 04/28/2020)

April 28, 2020 PACER
31

NOTICE of Briefing Schedule on 27 MOTION to Dismiss or for a More Definite Statement MOTION for More Definite Statement, 26 MOTION to Dismiss for Failure to State a Claim : 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: 04/28/2020)

April 28, 2020 PACER
32

ORDER granting 30 MOTION to Substitute MEMORANDUM in Opposition to 17 MOTION to Certify Class of Defendant District Attorneys and Class of Defendant Parish Clerks, 16 MOTION to Certify Class and Subclass of Plaintiffs filed by Doug Welborn, Jeff Landry, Hillar C. Moore, III. Signed by Judge John W. deGravelles on 4/29/2020. (KMW) (Entered: 04/29/2020)

April 29, 2020 PACER
33

Joint MOTION for Leave to Set Briefing Details by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Davy, James) (Entered: 05/05/2020)

May 5, 2020 PACER
34

ORDER granting 33 MOTION for Leave to Set Briefing Details. Plaintiffs may file one combined brief in Response to Defendants' separate Motions o Dismiss, not to exceed 40 pages. Defendants may file one combined reply or separate replies within 14 days. Plaintiffs' may file one combined reply to Defendants' Response to Plaintiffs' separate motions for class certification that exceeds ten pages, but does not exceed fifteen pages. Signed by Judge John W. deGravelles on 05/06/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/06/2020)

May 6, 2020 PACER

Order on Motion for Leave

May 6, 2020 PACER
35

REPLY Brief in Support of 16 MOTION to Certify Class of Plaintiff's Class, Plaintiff's Subclass, and 17 MOTION to Certify Defendant Classes filed by All Plaintiffs. (Davy, James) Modified on 5/12/2020 to edit the docket text (KMW). (Entered: 05/11/2020)

May 11, 2020 PACER
36

REPLY to 3 MOTION to Proceed Anonymously filed by All Plaintiffs. (Davy, James) Modified on 5/12/2020 to edit text (LT). (Entered: 05/11/2020)

May 11, 2020 PACER
37

RESPONSE in Opposition to 27 MOTION to Dismiss or for a More Definite Statement MOTION for More Definite Statement, 26 MOTION to Dismiss for Failure to State a Claim filed by All Plaintiffs. (Davy, James) (Entered: 05/11/2020)

May 11, 2020 PACER
38

There is no record document 38. Case admin error. Modified on 5/12/2020 (LT). (Entered: 05/12/2020)

May 12, 2020 PACER
39

Opposed MOTION to Exceed Page Limits by All Defendants. (Attachments: # 1 Proposed Pleading; Consolidated Reply ISO Motion to Dismiss, # 2 Proposed Pleading; Proposed Order)(St. John, Joseph) Modified on 5/27/2020 to edit the docket text (KMW). (Entered: 05/26/2020)

May 26, 2020 PACER
40

ORDER granting 39 Motion for Leave to File Reply Memo in Excess Pages. Signed by Judge John W. deGravelles on 05/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/27/2020)

May 27, 2020 PACER
41

CONSOLIDATED REPLY to 27 MOTION to Dismiss or for a More Definite Statement 26 MOTION to Dismiss for Failure to State a Claim filed by Jeff Landry, Hillar C. Moore, III, Doug Welborn. (SWE) (Entered: 05/29/2020)

May 27, 2020 PACER

Order on Motion for Leave to File Excess Pages

May 27, 2020 PACER
42

MOTION for James Davy to Withdraw as Attorney by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Davy, James) (Entered: 06/16/2020)

June 16, 2020 PACER

MOTION(S) REFERRED: 42 MOTION for James Davy to Withdraw as Attorney . This motion is now pending before the USMJ. (ELW)

June 17, 2020 PACER
43

ORDER granting 42 Motion to Withdraw James Davy as Attorney. Signed by Magistrate Judge Scott D. Johnson on 6/18/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/18/2020)

June 18, 2020 PACER

Order on Motion to Withdraw as Attorney

June 18, 2020 PACER
44

ORDER DENYING WITHOUT PREJUDICE 16 Motion to Certify Class and Subclass; and 17 Motion to Certify Two Defendant Classes. Signed by Judge John W. deGravelles on 6/30/2020. (LT) (Entered: 06/30/2020)

June 30, 2020 PACER
45

ORDER granting 3 Motion to Proceed Anonymously. Signed by Magistrate Judge Scott D. Johnson on 9/28/2020. (KMW) (Entered: 09/28/2020)

Sept. 28, 2020 RECAP
46

Joint MOTION for Stipulated Protective Order by All Plaintiffs. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Telfeyan, Phil) Modified on 10/8/2020to edit text (LLH). (Entered: 10/08/2020)

Oct. 8, 2020 PACER

MOTION(S) REFERRED: 46 Joint MOTION for Stipulated Protective Order . This motion is now pending before the USMJ. (LLH)

Oct. 8, 2020 PACER
47

MOTION to Review Magistrate Judge's Order (ECF 45) by All Defendants. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(St. John, Joseph) (Entered: 10/13/2020)

Oct. 13, 2020 PACER
48

ORDER granting 46 Motion for Protective Order. Signed by Magistrate Judge Scott D. Johnson on 10/14/2020. (ELW) (Entered: 10/14/2020)

Oct. 14, 2020 PACER
49

PROTECTIVE ORDER. Signed by Magistrate Judge Scott D. Johnson on 10/14/2020. (ELW) (Entered: 10/14/2020)

Oct. 14, 2020 PACER
50

SEALED DOCUMENT Identities of Plaintiffs. (Telfeyan, Phil) Modified on 10/19/2020 to edit text (LLH). (Entered: 10/19/2020)

Oct. 19, 2020 PACER
51

MEMORANDUM in Opposition to 47 MOTION to Review Magistrate Judge's Order (ECF 45) filed by All Plaintiffs. (Telfeyan, Phil) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
52

Combined MOTION for Leave to File and Notice of Supplemental Authority by Jeff Landry. (Attachments: # 1 Proposed Order)(St. John, Joseph) Modified on 11/13/2020 to edit text (LLH). (Entered: 11/12/2020)

Nov. 12, 2020 PACER
53

ORDER granting 52 MOTION for Leave to File Notice of Supplemental Authority filed by Jeff Landry. Plaintiffs may file a response within 14 days, which shall be limited to addressing the authority identified by Attorney General Landry and which shall not exceed five (5) pages. Signed by Judge John W. deGravelles on 11/13/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 11/13/2020)

Nov. 13, 2020 PACER

Order on Motion for Leave to File

Nov. 13, 2020 PACER
54

Response to 52 Notice of Supplemental Authority filed by All Plaintiffs. (Telfeyan, Phil) Modified on 11/23/2020 to edit text. (EDC). (Entered: 11/20/2020)

Nov. 20, 2020 PACER
55

RULING AND ORDER granting in part and denying in part 26 Motion to Dismiss for Failure to State a Claim and 27 Motion to Dismiss or for More Definite Statement. The motions are GRANTED in that Plaintiffs' claims against Defendants are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiffs shall be given twenty-eight (28) days in which to cure the operative complaint of these deficiencies. Failure to do so will result in the dismissal of these claims with prejudice. In all other respects, the motions are DENIED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 3/30/2021. (EDC) (Entered: 03/30/2021)

March 30, 2021 RECAP
56

FIRST AMENDED COMPLAINT against Hillar C. Moore, III, Doug Welborn, Jason Harris, Chelsey Richard Napoleon, Jon Gegenheimer, Scott Perrilloux, Jason Rogers Williams, Paul Connick, filed by E. B., T. R., D. W.. (Attachments: # 1 Exhibit 1 (EB Declaration), # 2 Exhibit 2 (DW Declaration), # 3 Exhibit 3 (TR Declaration), # 4 Harris Summons, # 5 Napoleon Summons, # 6 Gegenheimer Summons, # 7 Perrilloux Summons, # 8 Williams Summons, # 9 Connick Summons)(Telfeyan, Phil) Modified on 4/26/2021 to edit the docket text (SWE). (Entered: 04/23/2021)

April 23, 2021 PACER
57

Summons Issued as to Paul Connick, Jon Gegenheimer, Jason Harris, Chelsey Richard Napoleon, Scott Perrilloux, Jason Rogers Williams. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE) (Entered: 04/26/2021)

April 26, 2021 PACER
58

MOTION to Enroll Stacy L. Wright as Additional Attorney by Hillar C. Moore, III. (Lee, Dale) (Entered: 05/04/2021)

May 4, 2021 PACER

MOTION(S) REFERRED: 58 MOTION to Enroll Stacy L. Wright as Additional Attorney . This motion is now pending before the USMJ. (SWE)

May 4, 2021 PACER
59

ORDER granting 58 Motion to Enroll Additional Attorney. Added attorney Stacy Lynn Wright for Hillar C. Moore, III. Signed by Magistrate Judge Scott D. Johnson on 5/4/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/04/2021)

May 4, 2021 PACER

Order on Motion to Enroll Additional Attorney

May 4, 2021 PACER
60

SECOND AMENDED COMPLAINT against Paul Connick, Jon Gegenheimer, Jason Harris, Hillar C. Moore, III, Scott Perrilloux, Doug Welborn, Jason Rogers Williams, Arthur Morrell, filed by T. R., D. W., E. B.. (Attachments: # 1 Exhibit 1 (EB Declaration), # 2 Exhibit 2 (DW Declaration), # 3 Exhibit 3 (TR Declaration), # 4 Morrell Summons)(Telfeyan, Phil) Modified on 5/7/2021 to edit docket text (SWE). (Entered: 05/07/2021)

May 7, 2021 PACER
61

ORDER: Plaintiffs are ORDERED to either seek leave of Court or file their opponents' written consent for their Second Amended Complaint (R. Doc. 60) within 7 days of this Order. If Plaintiffs fail to comply, the Court will strike their Second Amended Complaint. Signed by Magistrate Judge Scott D. Johnson on 5/10/2021. (EDC) (Entered: 05/11/2021)

May 11, 2021 PACER
62

NOTICE of Consent to Amend by E. B., T. R., D. W. re 61 Order,, Set Deadlines, (Telfeyan, Phil) (Entered: 05/12/2021)

May 12, 2021 PACER
63

Summons Issued as to Arthur Morrell. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SWE) (Entered: 05/12/2021)

May 12, 2021 PACER
64

WAIVER OF SERVICE Returned Executed by T. R., D. W., E. B.. Jon Gegenheimer waiver sent on 5/6/2021, answer due 7/6/2021; Jason Harris waiver sent on 5/6/2021, answer due 7/6/2021; Arthur Morrell waiver sent on 5/7/2021, answer due 7/6/2021. (Attachments: # 1 Waiver Harris, # 2 Waiver Gegenheimer, # 3 Waiver Morrell)(Telfeyan, Phil) (Entered: 05/19/2021)

May 19, 2021 PACER
65

Joint MOTION to Set Common Briefing Deadlines by Doug Welborn. (Attachments: # 1 Proposed Pleading; Proposed Order)(Cody, Jeffrey) Modified on 5/21/2021 to edit the docket text (KMW). (Entered: 05/21/2021)

May 21, 2021 PACER

MOTION(S) REFERRED: 65 Joint MOTION to Set Common Briefing Deadlines. This motion is now pending before the USMJ. (KMW)

May 21, 2021 PACER
66

ORDER: The parties' 65 Joint Motion to Set Common Briefing Deadlines is GRANTED. Defendants' responses to Plaintiffs' 56 First Amended Complaint and 60 Second Amended Complaint will be filed by July 12, 2021; and any responses thereto by Plaintiffs will be filed by August 16, 2021. Signed by Magistrate Judge Scott D. Johnson on 5/24/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/24/2021)

May 24, 2021 PACER

Order on Motion for Extension of Time to Answer

May 24, 2021 PACER
67

WAIVER OF SERVICE Returned Executed by T. R., D. W., E. B.. Scott Perrilloux waiver sent on 5/6/2021, answer due 7/6/2021; Jason Rogers Williams waiver sent on 5/7/2021, answer due 7/6/2021. (Attachments: # 1 Attachment waiver of service)(Telfeyan, Phil) (Entered: 06/28/2021)

June 28, 2021 PACER
68

WAIVER OF SERVICE Returned Executed by Paul Connick. Paul Connick waiver sent on 7/9/2021, answer due 9/7/2021. (Rushton, Douglas) (Entered: 07/09/2021)

July 9, 2021 PACER
69

MOTION to Dismiss Second Amended Complaint by Doug Welborn. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading; Order)(Cody, Jeffrey) (Entered: 07/09/2021)

July 9, 2021 PACER
70

NOTICE of Briefing Schedule on 69 MOTION to Dismiss Second Amended Complaint : 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: 07/12/2021)

July 12, 2021 PACER
71

MOTION for Extension of Time to File Responsive Pleading by Jason Rogers Williams. (Attachments: # 1 Attachment Proposed Order)(Alford, John) (Entered: 07/14/2021)

July 14, 2021 PACER

MOTION(S) REFERRED: 71 MOTION for Extension of Time to File Responsive Pleading. This motion is now pending before the USMJ. (NLT)

July 15, 2021 PACER
72

ORDER: The consent 71 Motion for Extension is GRANTED and Defendant, Jason Rogers Williams, now has an additional 30 days to file responsive pleadings. Signed by Magistrate Judge Scott D. Johnson on 7/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/19/2021)

July 19, 2021 PACER

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Dec. 13, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of all Louisianans who have or will have criminal record events that qualify for expungement and who cannot afford the costs and fees required for those expungements, and a putative subclass of all Louisianans who have or will have non-conviction criminal record events but who cannot obtain a statutory fee waiver to expunge those events because of a prior conviction.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Clerk of Court (East Baton Rouge), Regional

Clerk of Court (Orleans), Regional

Clerk of Court (Livingston), Regional

Clerk of Court (Jackson), Regional

District Attorney, Regional

District Attorney, Regional

District Attorney (Orleans), Regional

District Attorney (Jackson), Regional

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

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

Issues

General:

Fines/Fees/Bail/Bond