Case: Doe v. Foti

COMPLAINT (12 summons issued) (cm) (Entered: 04/16/1993)

Motion by plas John Doe, James Doe, David Doe and ORDER for same to proceed using pseudonyms. by Magistrate Louis Moore Jr. (cm) (Entered: 04/16/1993)

ORDER sealing the plas' applications to proceed in forma pauperis until further orders of the court. Magistrate Louis Moore Jr. (cm) (Entered: 04/20/1993)

Request by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and summons issued on original complaint as to dfts Charles C Foti Jr, Earl Weaver Jr, Sidney Barthelemy, Orleans Parish Sch, Anita H Ganucheau, Ernestine S Gray, George Buzzy Kiefer, Lawrence L Lagarde Jr, Salvadore T Mule, C Hearn Taylor, Richard L Stalder, Edwin W Edwards (cm) (Entered: 04/21/1993)

Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER for attorneys Jjames R.f Bell & Maaria F. Ramiu to appear pro hac vice by Judge Peter Beer Date Signed: 4/26/93 (cm) (Entered: 04/28/1993)

Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER for attorney Mark Joseph Lopez to appear pro hac vice by Judge Peter Beer (ctp) (Entered: 05/03/1993)

USM'S NTC & ACKNOWLEDGMENT OF RETURN OF SERVICE of S&C executed upon defendant Richard L Stalder on 4/30/93 (ctp) (Entered: 05/03/1993)

RETURN OF SERVICE of S&C executed upon defendant Edwin W Edwards on 4/28/93 (cm) (Entered: 05/04/1993)

Notice of Case Reallotted to Mag Div 1 (jd) (Entered: 05/10/1993)

USM's RETURN OF SERVICE of S & C executed upon defendant Earl Weaver Jr on 5/7/93 (rg) (Entered: 05/10/1993)

USM's RETURN OF SERVICE of S & C executed upon defendant Charles C Foti Jr on 5/7/93 (rg) (Entered: 05/10/1993)

USM's RETURN OF SERVICE of S & C executed upon defendant Anita H Ganucheau, defendant Ernestine S Gray, defendant Lawrence L Lagarde Jr on 5/5/93 (rg) (Entered: 05/10/1993)

RETURN OF SERVICE of S&C executed upon defendant George Buzzy Kiefer on 5/5/93, defendant C Hearn Taylor on 5/9/93 (cm) (Entered: 05/13/1993)

Motion by defendant Orleans Parish Sch and ORDER extending time to answer plas' cmp for 20 days from date responses were originally due by Magistrate Ivan L. Lemelle Date Signed: 5/18/93 (ctp) (Entered: 05/19/1993)

Motion by defendant Sidney Barthelemy and ORDER extending time to answer by an addl 20 days. by Magistrate Ivan L. Lemelle Date Signed: 5/18/93 (cm) (Entered: 05/20/1993)

Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER Case reassigned to Judge Lansing L. Mitchell , Mag 5. by Judge Peter Beer Date Signed: 5/25/93 (cm) (Entered: 05/26/1993)

RETURN OF SERVICE of S&C executed upon defendant Sidney Barthelemy, defendant Orleans Parish Sch, defendant Richard L Stalder on 4/26/93 (cm) (Entered: 05/27/1993)

MINUTE ENTRY (5/27/93): ORDERED that C.A. 93-1227 be consolidated with C.A. 69-2443 by Judge Lansing L Mitchell (REF 69- 2443 & 93-1227) (jlb) (Entered: 06/02/1993)

MOTION by defendant Orleans Parish Sch in 2:93-cv-01227 to dismiss cmp & mtn for a more definite statement to be heard before Judge at 10:00 8/25/93 (69-2443 & 93-1227) (gw) Modified on 08/06/1993 (Entered: 08/04/1993)

ORDER that motion of dft Orleans Parish School Board to dismiss cmp & mtn for a more definite statement [20-1] is set for hrg at 11:00 9/8/93 by Judge Lansing L. Mitchell Date Signed: 8/5/93 (REF: 69-2443 & 93- 1227) (gw) (Entered: 08/06/1993)

ORDER that dft, Sheriff Charles C. Foti show cause at 11:00 a.m. on 8/25/93 bfr Mag/Judge Chasez -why he should not be sanctioned for failure to comply with the Court's order dated 5/17/93 & entered into the record 5/19/93; namely, to investigate the Court with a formal report of his investigiton by 6/30/93; as to this date no such report has been furnished the undersigned by Magistrate Alma Chasez. Date Signed: 8/12/93 (dp) Modified on 10/12/1993 (Entered: 08/16/1993)

ORDER that C.A. No. 93-1227 "LLM" (5) entitled John Doe, et al vs. Charles Foti, et al, which is currently consolidated with C.A. 69-2443 "LLM" (5) is SEVERED from that C.A. No.; Further ORDERED that any issues which, in any fashion deal with juveile inmates be TRANSFERRED from C.A. 69-2443 "LLM" (5) & into C.A. # 93-1227 "LLM" (5) by Magistrate Alma Chasez Date Signed: 8/12/93. (REF 93- 1227 & 69-2443) (dp) Modified on 10/12/1993 (Entered: 08/16/1993)

ORDER Case referred to Magistrate Alma Chasez Non-Dispositive mtns or other PT matters referred for hrg & determination pursuant to 28 USC 636 (b)(1)(a); Further, that any issues, which in any fashion deal with juvenile inmates, be transferred from C.A. #69-2443 to C.A. #93-1227 by Judge Lansing L. Mitchell Date Signed: 8/18/93 (dp) (Entered: 08/23/1993)

MINUTE ENTRY (8/25/93): Hrg held this date continuing the mtn by pla for class certification & motion by dft Orleans Parish School Board to dismiss cmp & mtn for a more definite statement [20-1] previously set for 8/25/92 is CONT to 11:00 a.m. on 9/8/93 by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 08/27/1993)

MINUTE ENTRY (8/25/92): Status Conf set for 1:00 p.m. on 8/27/93 ; preliminary ideas were discussed which counsel shall convey to their respective clients by Magistrate Alma Chasez (dp) Modified on 10/12/1993 (Entered: 08/27/1993)

MINUTE ENTRY (8/26/93): ORDERED that upon request & with reasonable ntc, the Sheriff allow counsel for members of the puntative class to interview detainees & inmates of the Conchetta Facility; in order to facilitate that interview process, the Sheriff is to provide plas' counsel with a list of the names of individuals housed at Conchetta, including an indication of whether each individual is in a pre-adjudicated or post adjudicated status by Magistrate Alma Chasez. Date signed: 8/26/93 (dp) Modified on 08/28/1995 (Entered: 08/30/1993)

MINUTE ENTRY (8/27/93): Conf held this date; Status Conf set for 10:00 a.m. on 9/17/93; plas' mtn for class certification & Orleans Parish School Board's mtn to dismiss & mtn for more defintie statement will be heard at the conference by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 08/30/1993)

Memo in opposition by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe to motion to dismiss cmp & mtn for a more definite statement [20-1] filed by defendant Orleans Parish School Board. (dp) (Entered: 09/08/1993)

Memo in opposition by defendant Orleans Parish Sch to mtn for certification of class filed by plaintiffs, John Doe, et al. (dp) (Entered: 09/09/1993)

MOTION by plas, John Doe, et al to amend complaint referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 10/6/93. (dp) (Entered: 09/17/1993)

MINUTE ENTRY (9/23/93): Status Conf held 9/17/93 On or bfr 9/28/93 counsel for all ptys shall furnish to the Court the names of an individual or individuals they suggest to serve in the capacity of a court expert as stip; by Magistrate Alma Chasez. (dp) (Entered: 09/23/1993)

ORDER & Application to proceed in forma pauperis by pla, Celara M. Rhodes is GRANTED; applicant may proceed w/out prepayment of cost of fees or the necessity of giving security by Judge Lansing L. Mitchell Date Signed: 9/28/93 (dp) (Entered: 09/30/1993)

MINUTE ENTRY (9/28/93): Stat conf held this date Per oral mtn of counsel for the School Board & counsel for the Sheriff, the date by which suggested court experts shall be furnished to the court is extended to 10/12/93; the time for response thereto by counsel for the plas is extended to 10/26/93 by Magistrate Alma Chasez. (dp) (Entered: 10/04/1993)

MINUTE ENTRY( 10/6/93): granting plas' motion to amend complaint [31-1] by Magistrate Alma Chasez (ctp) (Entered: 10/07/1993)

Memo in opposition by defendant Edwin W Edwards to mtn to dismiss filed by defendant Orleans Parish Sch (dp) (Entered: 10/15/1993)

Notice of Deposition by plaintiffs, John Doe, et al of a teacher, to be designated by the dft, New Orleans Parish School Board on 2/11/94. (dp) (Entered: 02/07/1994)

Notice of Deposition by plaintiff John Doe of Orleans Parish School Board Special Education Teacher on 2/11/94. (dp) (Entered: 02/07/1994)

MINUTE ENTRY (2/8/94): After a consieration of the resumes furnished to the court in connection with the above captioned matter, the court appoints Dr. John Calvin Stewart as the court's expert to advise inmates at the Orleans Parish Prison; a conf is set for 2/23/94 at 9:00 a.m. w/Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/10/1994)

Motion by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe and ORDER to dismiss defendants, Anita H Ganucheau, Ernestine S Gray, George Buzzy Kiefer, Lawrence L Lagarde Jr, Salvadore T Mule & C Hearn Taylor is GRANTED w/out costs & w/out prej by Judge Lansing L. Mitchell Date Signed: 2/25/94 (dp) (Entered: 02/28/1994)

MINUTE ENTRY (2/23/94): Conference held by Magistrate Alma Chasez (gw) (Entered: 02/24/1994)

Witness list submitted by plaintiff John Doe, plaintiff James Doe, plaintiff David Doe (cm) (Entered: 04/06/1994)

Copy of Letter addressed to Allen Usry from counsel for plas, John Doe, et al dated 4/29/94 in re: tentative agreement under the supervision of Mag/Judge Chasez. (dp) (Entered: 05/05/1994)

MINUTE ENTRY( 5/5/94): Conf set 2:00 5/12/94; Dr Stewart will participate by phone; all other counsel shall attend in person by Magistrate Alma Chasez (ctp) (Entered: 05/09/1994)

MINUTE ENTRY( 5/9/94): Conf w/ Dr John Stewart is RESCHEDULED for 2:00 5/19/94; counsel are to appear in person while Dr Stewart may participate via phone by Magistrate Alma Chasez (ctp) (Entered: 05/09/1994)

MINUTE ENTRY (5/19/94): Status Conf held this date; Counsel for the School Board is also ORDERED to determine on or bfr the time of the next meeting with the court how many teachers presently assigned to the Orleans Parish Prison facility are certified to teach special education by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 05/25/1994)

MINUTE ENTRY (5/20/94): Status Conf set for 10:00 a.m. on 5/31/94 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 05/31/1994)

MINUTE ENTRY (6/3/94): Settlement Conf held 5/31/94 , If Court does not have a proposed consent decree in hand by 6/7/94, matter will be set for evidentiary hrg by Magistrate Alma Chasez (gw) (Entered: 06/06/1994)

MINUTE ENTRY (6/15/94): A stat conf held on 5/31/94; a further conf will be scheduled upon receipt of the plan by the Court by Magistrate Alma Chasez. (dp) (Entered: 06/17/1994)

MINUTE ENTRY( 7/19/94): A Conf is set for 3:00 8/17/94 bfr Mag as stip. by Magistrate Alma Chasez (dno) (Entered: 07/20/1994)

MINUTE ENTRY (8/1/94): ORDERED that City of New Orleans show cause on 8/17/94 at 11:00 a.m. bfr Mag/Judge Chasez why they should not be sanctioned or held in contempt for failure to comply with an order of this court. by Magistrate Alma Chasez. (dp) (Entered: 08/03/1994)

MINUTE ENTRY (8/18/94): Hrg held on the Rule Order to show cause on 8/17/94; Mr. Nolan Lambert, atty for dft, the City of New Orleans is ORDERED to pay what is owed to Dr. John Stewart on or bfr 8/24/94 by Magistrate Alma Chasez (dp) (Entered: 08/22/1994)

MINUTE ENTRY (8/18/94): ORDERED that a Status Conf is set for 5:00 p.m. on 9/16/94 bfr Mag/Judge Chasez; Further ORDERED that Mr. Lambert & the city of New Orleans is to mail a check to Dr. Stewart on or bfr 8/24/94 of Dr. Stewart's last invoice by Magistrate Alma Chasez. (dp) (Entered: 08/22/1994)

Consent by dft Charles C Foti Jr & plas John Doe, James Doe, David Doe, Rose Mary Deal & Celara M Rhodes. (dno) (Entered: 09/06/1994)

Interim ORDER that the Orleans Parish School Board include all appropriate juvenile inmates incarcerated in Conchetta Facility in 10/1/94 Minimum Foundation Program count as stip by Magistrate Alma Chasez Date Signed: 9/30/94 (kh) (Entered: 10/05/1994)

MINUTE ENTRY (11/2/94): ORDERED that Clerk is directed to add Dr. John C. Stewart to the mailing list of this C.A.# by Magistrate Alma Chasez (dp) (Entered: 11/03/1994)

Motion by plaintiff David Doe, plaintiff James Doe, plaintiff John Doe and ORDER for appearance of Jerry L. Speir as additional co-counsel is GRANTED by Judge Peter Beer. Date signed: 11/15/94. (dp) Modified on 08/28/1995 (Entered: 11/18/1994)

MINUTE ENTRY (11/9/94): Status conf held 11/2/94 ; Another Status Conf set 2:00 11/18/94 by Magistrate Alma Chasez (gw) (Entered: 11/14/1994)

MINUTE ENTRY (11/23/94): Stat conf held 11/18/94; Status Conf is set for 2:00 p.m. on 3/16/95 by Magistrate Alma Chasez. (dp) (Entered: 12/05/1994)

ORDER that the court approves & adopts the terms of the consent order (Doc#55) as stip by Judge Lansing L. Mitchell Date Signed: 12/16/94 (dp) (Entered: 12/20/1994)

MOTION by plaintiffs, David Doe, et al to compel dft, Sheriff to answer interrogatories & provide responses to plas' request for production of documents referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 1/25/95 (dp) Modified on 03/20/1995 (Entered: 01/06/1995)

MINUTE ENTRY (1/25/95): ORDERED that the motion by plas, Joe Doe, et al to compel dft, Sheriff to answer interrogs & provide responses to plas' request for production of documents [63-1] set for 1/25/95 is CONT to 11:00 a.m. on 2/1/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 01/26/1995)

MINUTE ENTRY (1/30/95): On-Site Visit of the Conchetta facility by Dr. Stewart set for 3/16/95 is reset for 2:00 p.m. on 3/15/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/01/1995)

MINUTE ENTRY (2/1/95): ORDERED that motion by plas, John Doe, et al to compel dft, Sheriff to answer interrogatoreis & provide responses to plas' request for production of documents [63-1] previously set for 2/1/95 is CONT to 11:00 a.m. on 2/15/95. by Magistrate Alma Chasez (dp) (Entered: 02/01/1995)

MINUTE ENTRY (1/27/95): A stat conf was held 1/19/95; Pre-Trial Conference is set for 4:00 p.m. on 7/10/95 bfr Mag/Judge Chasez; Evidentiary hearing set for 9:00 a.m. on 7/17/95 bfr Mag/Judge Chasez by Magistrate Alma Chasez (dp) (Entered: 02/02/1995)

ORDER that USM personally serve the following copy to Ms. Avis Russell, Mayor Marc Morial & Sheriff C. Foti, Jr. by Magistrate Alma Chasez. (dp) (Entered: 02/14/1995)

ORDER that the USM personally serve Charles C. Foti, Jr. as stip by Magistrate Alma Chasez (dp) (Entered: 02/14/1995)

MINUTE ENTRY (2/13/95): ORDERED that a Stat conf is set for 10:00 a.m. on 2/16/95 bfr Judge Frank J. Polozola on 2/16/95 at 10:00 a.m. in Judge Beer's courtroom by Magistrate Alma Chasez. (dp) Modified on 08/28/1995 (Entered: 02/14/1995)

MINUTE ENTRY (2/13/95): ORDEREd There will be a conf set for 2/17/95 at 4:00 p.m. between Mayor Marc Morial & Sheriff Charles Foti by Magistrate Alma Chasez (dp) (Entered: 02/14/1995)

USM'S RETURN OF SERVICE of orders & m.e. of Mag/Chasez to Mayor Marc Morial, Charles C. Foti, Jr., Avis Russell, City Atty's office; svd 2/14/95. (dp) (Entered: 02/16/1995)

MINUTE ENTRY (2/15/95): Hrg held on 2/15/95 on the motion by plas, John Doe, et al to compel dft, Sheriff to answer interrogatoreis & provide responses to plas' request for production of documents [63-1] - GRANTED as stip by Magistrate Alma Chasez (dp) (Entered: 02/17/1995)

MINUTE ENTRY (3/7/95): The Court is in receipt of communication from Mr. Rosenberg as to number of juveniles in Conchetta & how this increase impacts the level of juvenile eduction in the facility; as population over 90 increases, more teachers shall be added to the program or platooning shall be instituted in order to maintain the 15:1 student/teacher ratio; any increase in cost shall be paid for per prior order of the court by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 03/09/1995)

MINUTE ENTRY( 3/23/95): status conf held was held 3/15/95 ; A further Conf will be held 2:00 6/22/95 by Magistrate Alma Chasez (jd) (Entered: 03/27/1995)

Witness list & expert report of Don Devore submitted by plaintiff David Doe for evidentiary hrg of 5/18 & 5/19/95. (dp) (Entered: 04/05/1995)

Motion by defendant Charles C Foti Jr and ORDER to extend discovery cut-off date for telephone depo of plas' expert, Donald Devore, until 4/17/95 by Magistrate Alma Chasez Date Signed: 4/13/95 (jd) (Entered: 04/14/1995)

MOTION by plaintiff David Doe, plaintiff James Doe for attorney fees and expenses referred to Magistrate Alma Chasez to be heard before Mag/Judge Chasez at 11:00 a.m. on 5/3/95. (dp) (Entered: 04/13/1995)

Witness list submitted by defendant Richard L Stalder, defendant Edwin W Edwards (dp) (Entered: 05/02/1995)

Exhibit list by defendant Richard L Stalder, defendant Edwin W Edwards (dp) Modified on 05/04/1995 (Entered: 05/02/1995)

Plaintiffs' expert report of Don Devore for use in July 17, 1995 evidentiary hearing. (sup) (Entered: 05/11/1995)

Witness list for 7/17/95 evidentiary hrg submitted by plaintiff David Doe (dp) (Entered: 05/16/1995)

MINUTE ENTRY( 5/17/95): The evidentiary hrg set for 5/18/95 at 10:00 bfr the Mag Judge is cancelled. A status conf is set for 5/25/95 at 5:00 bfr the Mag Judge in order to dismcuss the rescheduling of this evidentiary hrg. Counsel for the ptys have been contacted and mutually agree upon this date & time. by Magistrate Alma Chasez (cp) (Entered: 05/22/1995)

MINUTE ENTRY( 6/26/96): Pre-Trial Conference set for 7/10/95 is cont to 4:30 7/14/95 by Magistrate Alma Chasez (jd) (Entered: 06/27/1995)

Motion by defendant Charles C Foti Jr for hrg on same's mtn for leave to file expert reports & to submit expert testimony at trial and UNSIGNED ORDER. (dp) (Entered: 10/03/1995)

Motion by plaintiffs, David Doe, et al and ORDER withdrawing attorneys, Jerry L. Speir for plas, John Doe, et al is GRANTED by Magistrate Lance M. Africk. Date Signed: 7/6/95 (dp) (Entered: 07/10/1995)

MINUTE ENTRY (6/30/95): ORDERED that the Conf set for 6/22/95 is RESCHEDULED to 7/14/95 at 4:30 p.m. at the time of the PTC; Dr. Stewart may participate by phone w/ the Mag/Judge's office initiating the conference call by Magistrate Alma Chasez. (dp) (Entered: 07/07/1995)

Memo in opposition by plaintiff David Doe to filed to mtn for leave to file expert reprot & to submit expert by defendant Charles C Foti Jr (dp) (Entered: 07/07/1995)

MINUTE ENTRY (7/13/95): ORDERED that Pre-Trial Conference set for 7/14/95 iss rescheduled to 10:00 a.m. on 9/28/95; Further ORDERED that the Evidentiary hearing set for 7/17/95 is rescheduled 10:00 a.m. on 10/2/95 by Magistrate Alma Chasez (dp) (Entered: 07/25/1995)

Motion by defendant Sidney Barthelemy and ORDER withdrawing attorney Nolan Patrick Lambert for Sidney Barthelemy and substituting attorney Franz L. Zibilich, Maria Michelle Segu, Keith M. Detweiler is GRANTED by Magistrate Alma Chasez Date Signed: 7/31/95 (dp) (Entered: 08/01/1995)

Notice of Deposition by defendant Charles C Foti Jr of Solomon N'Jie, Mark Lopez, Karen Bower, Marjorie Rifkin on 8/23/95 (pck) (Entered: 08/14/1995)

NOTICE by counsel, Maureen Blakburn Jennings for defendant Charles C Foti Jr of change of address (dp) (Entered: 08/15/1995)

MINUTE ENTRY (8/14/95): A stat conf was held on this date; A stat conf is set for 8/25/95 at 10:00 a.m. ORDERED to personally serve a copy of this m.e. on Avis russel, City Atty's Office as stip & on March Morial by Magistrate Alma Chasez (dp) Modified on 08/28/1995 (Entered: 08/16/1995)

MINUTE ENTRY (8/16/95): Order to show cause set for 11:00 a.m. on 9/13/95 as to dft, City of New Orleans, bfr Mag/Judge Chasez; by Magistrate Alma Chasez (dp) (Entered: 08/18/1995)

Notice of Deposition by defendant Charles C Foti Jr of Maria Ramiu, James Bell on 9/5/95 (pck) (Entered: 08/18/1995)

Notice of Deposition by defendant Charles C Foti Jr of Mohamedu Jones on 8/31/95 (pck) (Entered: 08/18/1995)

Notice of Deposition by defendant Charles C Foti Jr of Richard Cook on 8/25/95. (dp) (Entered: 08/23/1995)

USM'S RETURN OF SERVICE of m.e. Doc #95 yo Avist, City Attorney, Mayor, Marc Morial; svd 8/23/95. (dp) Modified on 08/25/1995 (Entered: 08/25/1995)

MINUTE ENTRY (9/13/95): Rule to show cause set on this date is SATISFIED by Magistrate Alma Chasez (dp) (Entered: 09/15/1995)

Witness & exhibit list submitted by defendant Edwin W Edwards, Richard Stalder. (REF 69-2443 7 92-1227) (dp) (Entered: 09/18/1995)

Witness & exhibit list submitted by defendant Orleans Parish Sch (dp) (Entered: 09/18/1995)

Witness & exhibit list submitted by defendant Charles C Foti Jr (dp) (Entered: 09/19/1995)

Witness & exhibit list submitted by defendant Sidney Barthelemy (dp) (Entered: 09/19/1995)