Case: Lou v. Lopinto

2:21-cv-00080 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Jan. 14, 2021

Closed Date: Sept. 29, 2023

Clearinghouse coding complete

Case Summary

This case involved the death of a 16-year-old autistic child who died while being restrained by police. On January 14, 2021, the parents of the child sued several law enforcement individuals of the Jefferson Parish Sheriff’s Office, the ABC Insurance Company, an unidentified insurance company, and the shopping center where the incident took place. The plaintiffs alleged that the law enforcement officers engaged in excessive and unreasonable force in the seizure and restraint of the child, which…

This case involved the death of a 16-year-old autistic child who died while being restrained by police. On January 14, 2021, the parents of the child sued several law enforcement individuals of the Jefferson Parish Sheriff’s Office, the ABC Insurance Company, an unidentified insurance company, and the shopping center where the incident took place. The plaintiffs alleged that the law enforcement officers engaged in excessive and unreasonable force in the seizure and restraint of the child, which resulted in the boy’s death. The plaintiffs brought suit  under 42 U.S.C. § 1983, alleging that the defendants violated the First, Fourth, Ninth, and Fourteenth Amendments of the U.S. Constitution. The plaintiffs also asserted that the defendants violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Lastly, the plaintiffs claimed that the defendants violated the Louisiana Constitution and state law. They filed the lawsuit in the U.S. District Court for the Eastern District of Louisiana, seeking compensatory damages, punitive damages, and declaratory relief. They were represented by private counsel. 

The event in question occurred during a family outing. The plaintiffs and their son were heading to their car after playing Laser Tag. In the parking lot, the boy, who had severe autistic spectrum disorder (ASD), had a sudden sensory outburst or “melt-down.” As a result, the boy acted in a manner that was self-injurious and/or aggressive toward others. The plaintiffs alleged that the law enforcement officials who responded were aware that the boy was a “special needs child,” that the plaintiffs needed help, and that the boy was unarmed. They alleged that the defendants responded by taking the boy to the ground, sitting on, handcuffing, shackling, holding, and standing by him as he was restrained on the ground of the parking lot. Ultimately, the boy died. 

On January 14, 2021, the case was assigned to District Judge Martin L. C. Feldman and Magistrate Judge Donna Phillips Currault, and on January 28, 2022, the case was reassigned to District Judge Wendy B. Vitter. 

The shopping center defendant moved for summary judgment on March 10, 2023. The sheriff’s office, on March 22, 2023, filed a partial motion to dismiss the federal claims against him in his official capacity. On April 9, 2023, the plaintiffs moved for partial summary judgment, alleging that they are entitled to summary judgment on their Fourth Amendment claim of unconstitutional use of search warrants. The individual law enforcement defendants moved for partial summary judgment on April 19, 2023. On May 1, 2023, additional individual law enforcement defendants moved for partial summary judgment. 

The Civil Rights Division of the U.S. Department of Justice filed a Statement of Interest on May 12, 2023. The Statement detailed how Title II of the ADA applied to law enforcement officers when encountering people with disability-related crises. The Statement provided that the ADA could be violated when law enforcement officers failed to provide people with disabilities with an equal opportunity to benefit from their services when responding to emergency calls. Moreover, the Statement indicated that law enforcement officers could violate the ADA when failing to modify their procedures when interacting with people with disabilities. 

On May 18, 2023, Judge Vitter partially denied the plaintiff’s motion for summary judgment. 2023 WL 3569803. The judge found the motion moot as it related to the plaintiff’s Fourth Amendment claim. The court found that the plaintiffs were not entitled to summary judgment because it was unclear whether they alleged a Fourth Amendment claim against Sheriff Lopinto based on the criminal search warrants. 

Judge Vitter also denied the sheriff defendant’s partial motion to dismiss on May 19, 2023, finding that the individual officers were not entitled to summary judgment under Federal Rules of Civil Procedure 12(c) or 56. 2023 WL 3569834. On the same day, Judge Vitter, granted in part and denied in part the shopping center’s and unidentified insurance company’s motion for summary judgment. 2023 WL 3569123. The judge found that the shopping center and insurance company were entitled to summary judgment on the plaintiffs’ claim of direct negligence but are not entitled to summary judgment for vicarious liability for the actions of the deputy they employ.

On May 23, 2023, the plaintiffs filed an amended complaint, adding an additional claim for an unlawful search warrant. 

The plaintiffs renewed their motion for partial summary judgment on June 1, 2023. On June 9, 2023, individual law enforcement defendants filed a cross-motion for summary judgment, which was denied as being untimely on the same day.

On August 30, 2023, Magistrate Judge Phillips scheduled a settlement conference for the following month. On September 28, 2023, the parties reached an undisclosed settlement. Judge Vitter dismissed the case without costs and without prejudice on September 29, 2023. This case is closed. 

Summary Authors

Andrew Eslich (1/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29107250/parties/lou-v-lopinto/


Judge(s)
Attorney for Plaintiff

Clarke, Andrew (Louisiana)

Gabriel, Caroline (Louisiana)

Manis, Howard B. (Louisiana)

Attorney for Defendant

Hill, Mark Andrew (Louisiana)

Kaul, Christopher W. (Louisiana)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

2:21-cv-00080

Complaint

Jan. 14, 2021

Jan. 14, 2021

Complaint
47

2:21-cv-00080

Order and Reasons

March 24, 2022

March 24, 2022

Order/Opinion
47

2:21-cv-00080

Order and Reasons

March 24, 2022

March 24, 2022

Order/Opinion
105

2:21-cv-00080

Plaintiffs' Motion for Spoilation Sanctions

Oct. 13, 2022

Oct. 13, 2022

Pleading / Motion / Brief
119

2:21-cv-00080

Order and Reasons

Nov. 2, 2022

Nov. 2, 2022

Order/Opinion
138

2:21-cv-00080

Defendants Victory Real Estate Investments LA, LLC’s and Westgate Investors NO, LLC’s d/b/a Westgate Shopping Center Motion for Summary Judgment

March 10, 2023

March 10, 2023

Pleading / Motion / Brief
150

2:21-cv-00080

Plaintiffs’ Motion for Partial Summary Judgment on Monell-by-Ratification

April 9, 2023

April 9, 2023

Pleading / Motion / Brief
154

2:21-cv-00080

Motion for Partial Summary Judgment Pursuant to FED. R. CIV. P. 56

April 19, 2023

April 19, 2023

Pleading / Motion / Brief
169

2:21-cv-00080

Motion for Partial Summary Judgment Pursuant to FED. R. CIV. P. 56

May 1, 2023

May 1, 2023

Pleading / Motion / Brief

2:21-cv-00080

Statement of Interest of the United States of America

May 12, 2023

May 12, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29107250/lou-v-lopinto/

Last updated Feb. 20, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-8685040) filed by Daren Parsa, Donna Lou. (Attachments: # 1 Civil Cover Sheet)Attorney William Brock Most added to party Donna Lou(pty:pla), Attorney William Brock Most added to party Daren Parsa(pty:pla).(Most, William) (Entered: 01/14/2021)

1 Civil Cover Sheet

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Jan. 14, 2021

Jan. 14, 2021

Clearinghouse
2

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Donna Phillips Currault. (ess) (Entered: 01/14/2021)

Jan. 14, 2021

Jan. 14, 2021

PACER
3

Request of Summons Issued as to Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega, Victory Real Estate Investments LA, LLC, Westgate Investors NO, LLC filed by Daren Parsa, Donna Lou re 1 Complaint,. (Attachments: # 1 Summons for Estrada, # 2 Summons for Guadet, # 3 Summons for Guidry, # 4 Summons for Mehrtens, # 5 Summons for Pitfield, # 6 Summons for Vaught, # 7 Summons for Vega, # 8 Summons for Victory, # 9 Summons for Westgate)(Most, William) (Entered: 01/14/2021)

1 Summons for Estrada

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2 Summons for Guadet

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3 Summons for Guidry

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4 Summons for Mehrtens

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5 Summons for Pitfield

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6 Summons for Vaught

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7 Summons for Vega

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8 Summons for Victory

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9 Summons for Westgate

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Jan. 14, 2021

Jan. 14, 2021

RECAP
4

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Andrew C. Clarke (Filing fee $ 100 receipt number ALAEDC-8687256) by Donna Lou, Daren Parsa. (Attachments: # 1 Dec. of A. Clarke, # 2 Exhibit A (Certificate of Good Standing), # 3 Consent to Electronic Filing Form, # 4 Proposed Order)(Most, William) (Entered: 01/14/2021)

1 Dec. of A. Clarke

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2 Exhibit A (Certificate of Good Standing)

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3 Consent to Electronic Filing Form

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4 Proposed Order

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Jan. 14, 2021

Jan. 14, 2021

RECAP
5

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Howard B. Manis (Filing fee $ 100 receipt number ALAEDC-8687257) by Donna Lou, Daren Parsa. (Attachments: # 1 Dec. of H. Manis, # 2 Exhibit A (Certificate of Good Standing), # 3 Consent to Electronic Filing Form, # 4 Proposed Order)(Most, William) (Entered: 01/14/2021)

1 Dec. of H. Manis

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2 Exhibit A (Certificate of Good Standing)

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3 Consent to Electronic Filing Form

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4 Proposed Order

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Jan. 14, 2021

Jan. 14, 2021

RECAP

Initial Case Assignment

Jan. 14, 2021

Jan. 14, 2021

PACER
6

Summons Issued as to Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega, Victory Real Estate Investments LA, LLC, Westgate Investors NO, LLC. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(bm) (Entered: 01/15/2021)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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Jan. 15, 2021

Jan. 15, 2021

RECAP
7

ORDER granting 4 Motion to Appear Pro Hac Vice as to Andrew Clarke. Signed by Judge Martin L.C. Feldman on 1/15/2021. (Attachments: # 1 PHV Notice) (cwa) (Entered: 01/19/2021)

1 PHV Notice

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Jan. 15, 2021

Jan. 15, 2021

RECAP
8

ORDER granting 5 Motion to Appear Pro Hac Vice as to Howard B. Manis. Signed by Judge Martin L.C. Feldman on 1/15/2021. (Attachments: # 1 PHV Notice) (cwa) (Entered: 01/19/2021)

1 PHV Notice

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Jan. 15, 2021

Jan. 15, 2021

RECAP
9

ANSWER to 1 Complaint, with Jury Demand by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega.Attorney Daniel Rault Martiny added to party Manuel Estrada(pty:dft), Attorney Daniel Rault Martiny added to party Myron Gaudet(pty:dft), Attorney Daniel Rault Martiny added to party Shannon Guidry(pty:dft), Attorney Daniel Rault Martiny added to party Joseph P. Lopinto, III(pty:dft), Attorney Daniel Rault Martiny added to party Steven Mehrtens(pty:dft), Attorney Daniel Rault Martiny added to party Chad Pitfield(pty:dft), Attorney Daniel Rault Martiny added to party Ryan Vaught(pty:dft), Attorney Daniel Rault Martiny added to party Nick Vega(pty:dft).(Martiny, Daniel) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

RECAP
10

ANSWER to 1 Complaint, with Jury Demand by Victory Real Estate Investments LA, LLC, Westgate Investors NO, LLC.Attorney Christopher W. Kaul added to party Victory Real Estate Investments LA, LLC(pty:dft), Attorney Christopher W. Kaul added to party Westgate Investors NO, LLC(pty:dft).(Kaul, Christopher) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
11

STRICKEN: Proposed Rule 26(f) Discovery Plan by Donna Lou, Daren Parsa (Most, William) Modified on 3/25/2021 (sa). (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

RECAP
12

Correction of Docket Entry by Clerk re 11 Proposed Rule 26(f) Discovery Plan. Document has been stricken pursuant to Rule 5(d) of the FRCP. (sa) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER

Correction of Docket Entry by Clerk

March 25, 2021

March 25, 2021

PACER
13

NOTICE with Call-In Instructions. Scheduling Conference set for 8/24/2021 10:30 AM before case manager, by telephone. (cbs) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
14

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. (Attachments: # 1 Proposed Order)(Martiny, Daniel) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
15

ORDER GRANTING 14 Motion to Enroll as Counsel of Record for Attorney Franz L. Zibilich for Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught and Nick Vega. Signed by Judge Martin L.C. Feldman on 8/12/2021. (sa) (Entered: 08/12/2021)

Aug. 12, 2021

Aug. 12, 2021

PACER
16

SCHEDULING ORDER: Final Pretrial Conference set for 9/1/2022 01:30 PM before Judge Martin L.C. Feldman. Jury Trial set for 9/19/2022 09:00 AM before Judge Martin L.C. Feldman. All discovery must be completed by 8/4/2022. Signed by Judge Martin L.C. Feldman on 8/24/2021. (Attachments: # 1 Pretrial Notice Form) (NEF: MAG-2)(cbs) (Entered: 08/24/2021)

1 Pretrial Notice Form

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Aug. 24, 2021

Aug. 24, 2021

RECAP
17

ORDER REASSIGNING CASE. Case reassigned to Judge Wendy B Vitter. Judge Martin L.C. Feldman no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 1/28/2022. (Attachments: # 1 Clerk's Reallotment Case List)(my) (Entered: 01/31/2022)

Jan. 31, 2022

Jan. 31, 2022

PACER
18

MOTION to Disqualify Counsel by Donna Lou, Daren Parsa. Motion(s) will be submitted on 3/8/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 4 Exhibit A (Response to RFAs), # 5 Exhibit B (Vega Statement), # 6 Exhibit C (Gaudet Statement), # 7 Exhibit D (Vega Discovery Response), # 8 Exhibit E (Gaudet Discovery Response))(Most, William) Responses due by 2/28/2022 (mmv). (Entered: 02/17/2022)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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4 Exhibit A (Response to RFAs)

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5 Exhibit B (Vega Statement)

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6 Exhibit C (Gaudet Statement)

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7 Exhibit D (Vega Discovery Response)

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8 Exhibit E (Gaudet Discovery Response)

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Feb. 17, 2022

Feb. 17, 2022

PACER
19

Request/Statement of Oral Argument by Donna Lou, Daren Parsa regarding 18 MOTION to Disqualify Counsel . (Most, William) (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
20

NOTICE regarding Oral Argument re 18 MOTION to Disqualify Counsel filed by Donna Lou, Daren Parsa. By Clerk.(mmv) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
21

MOTION to Compel Responses to Discovery Requests by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 3/9/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 4 Exhibit A (Discovery Responses), # 5 Exhibit B (Corr. of Counsel, Part 1), # 6 Exhibit B (Corr. of Counsel, Part 2))(Most, William) Modified text/referral/submission date on 2/22/2022 (jeg). (Entered: 02/21/2022)

4

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Feb. 21, 2022

Feb. 21, 2022

PACER
22

Correction of Docket Entry by Clerk re 21 MOTION to Compel Responses to Discovery Requests. **1.Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Clerk took corrective action. 2.Filing attorney selected incorrect submission date. Correct date is 3/9/2022. Clerk took corrective action. 3.Document does not contain Magistrate Judge information. All future pleadings must reflect Magistrate 2, Magistrate Judge Donna Phillips Currault.** (jeg) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER

Correction of Docket Entry by Clerk

Feb. 22, 2022

Feb. 22, 2022

PACER
23

RESPONSE/MEMORANDUM in Opposition filed by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega re 18 Motion to Disqualify Counsel. (Martiny, Daniel) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

RECAP
24

**STRICKEN PURSUANT TO RULE 5(D) OF THE FRCP** AFFIDAVIT of Service by Alicia F. Haymon of Subpoena Duces Tecum served on City of Kenner on 02/23/2022. (Clarke, Andrew) Modified on 3/2/2022 (jeg). (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER
25

Correction of Docket Entry by Clerk re 23 Response/Memorandum in Opposition to Motion. **Document lists counsel of record, James B. Mullaly, for a party in this action who has not been enrolled in this matter. Future filings which list attorneys not enrolled will not be accepted. Please file a motion and order to enroll additional counsel.** (mm) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER

Correction of Docket Entry by Clerk

Feb. 28, 2022

Feb. 28, 2022

PACER
26

RESPONSE/MEMORANDUM in Opposition filed by All Defendants re 21 MOTION to Compel Responses to Discovery Requests . (Martiny, Daniel) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

RECAP
27

Correction of Docket Entry by Clerk re 24 Affidavit of Service. **Document has been stricken pursuant to Rule 5(d) of the FRCP.** (jeg) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

PACER
28

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. (Attachments: # 1 Proposed Order)(Martiny, Daniel) (Entered: 03/02/2022)

1 Proposed Order

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March 2, 2022

March 2, 2022

PACER

Correction of Docket Entry by Clerk

March 2, 2022

March 2, 2022

PACER
29

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Compel by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading (Reply in Support of Motion to Compel))(Most, William) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
30

ORDER re 28 Motion to Enroll: IT IS HEREBY ORDERED that James B. Mullaly be and is hereby enrolled as additional counsel of record for Defendants, Sheriff Joseph P. Lopinto, III, Chad Pitfield, Ryan Vaught, Steven Mehrtens, Shannon Guidry, Nick Vega, Manuel Estrada, and Myron Gaudet. Signed by Judge Wendy B Vitter on 3/3/2022. (jeg) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
31

ORDER granting 29 Motion for Leave to File Reply in Support of Motion to Compel. Signed by Magistrate Judge Donna Phillips Currault. (caa) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
32

REPLY to Response to Motion filed by Donna Lou, Daren Parsa re 21 MOTION to Compel Responses to Discovery Requests. (caa) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
33

EXPARTE/CONSENT MOTION for Leave to File Reply in Support to 18 Motion for Conflict Free Counsel by Donna Lou, Daren Parsa. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading- Reply, # 3 Proposed Pleading- Exhibit F (Pitfield Statement), # 4 Proposed Pleading- Exhibit G (Vaught Statement), # 5 Proposed Pleading- Exhibit H (Mehrtens Statement))(Most, William) Modified text/attachment description 3/7/2022 (jeg). (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER
34

TEXT ORDER (No PDF Document Attached) GRANTING 33 Motion for Leave to File Reply. The Clerk's Office is directed to file the Reply brief (R. Doc. 33-2), and the Exhibits thereto (R. Docs. 33-3, 33-4, & 33-5), into the record in this matter. Signed by Judge Wendy B Vitter on 3/7/22. (fmm) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER

Order on Motion for Leave to File

March 7, 2022

March 7, 2022

PACER
35

REPLY to Response to Motion filed by Donna Lou, Daren Parsa re 18 MOTION to Disqualify Counsel . (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H)(mmv) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

PACER
36

MOTION to Compel Discovery Responses of Sheriff Lopinto (Individually) by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 4/6/2022. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Exhibit A (Discovery Responses), # 5 Exhibit B (Corr. of Counsel), # 6 Exhibit C (Social Media Post by Sheriff Lopinto))(Most, William) Modified text/referral/submission date on 3/11/2022 (jeg). (Entered: 03/10/2022)

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only)

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4 Exhibit A (Discovery Responses)

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5 Exhibit B (Corr. of Counsel)

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6 Exhibit C (Social Media Post by Sheriff Lopinto)

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March 10, 2022

March 10, 2022

PACER
37

Correction of Docket Entry by Clerk re 36 MOTION to Compel Discovery Responses of Sheriff Lopinto (Individually). **Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the Magistrate Judge. Additionally, filing attorney selected incorrect submission date. Correct submission date is 4/6/2022. Clerk took corrective action. No further action necessary.** (jeg) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER

Correction of Docket Entry by Clerk

March 11, 2022

March 11, 2022

PACER
38

EXPARTE/CONSENT MOTION for Leave to File to File the attached Supplemental Memorandum in Opposition to Plaintiffs' Motion to Declare Conflict Free Counsel, R. Doc. 18 by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading- Exhibit)(Martiny, Daniel) Modified text on 3/17/2022 (jeg). (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
39

TEXT ORDER (No PDF Document Attached) GRANTING 38 Motion for Leave to File Supplemental Memorandum in Opposition. The Clerk's Office is directed to file the Supplemental Memorandum in Response/Opposition to Plaintiff's Motion to Determine Conflict Free Counsel (R. Doc. 18) (R. Doc. 38-2), and the Exhibit thereto (R. Doc. 38-3), into the record in this matter. Signed by Judge Wendy B Vitter on 3/18/22. (fmm) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
40

Supplemental Memorandum in Response/Opposition filed by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega of 18 MOTION to Disqualify Counsel . (Attachments: # 1 Exhibit)(mmv) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
41

ORDER REFERRING MOTION: 18 MOTION to Disqualify Counsel filed by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. Signed by Judge Wendy B Vitter on 3/18/2022. (NEF: MAG-2)(caa) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER

Order on Motion for Leave to File

March 18, 2022

March 18, 2022

PACER
42

ORDER regarding 18 MOTION to Disqualify Counsel. In light of the Honorable Wendy B. Vitter's Order of Reference (ECF No. 41) referring Plaintiffs' Motion to Determine Conflict-Free Representation (ECF No. 18) to the undersigned for determination, IT IS ORDERED that Plaintiffs' Motion to Determine Conflict-Free Representation (ECF No. 18) is scheduled for hearing, to be held in-person unless otherwise notified by the court, on WEDNESDAY, MARCH 30, 2022, at 11:00 a.m., at the United States District Court Eastern District of Louisiana, 500 Poydras Street, Courtroom B-421, New Orleans, Louisiana. Signed by Magistrate Judge Donna Phillips Currault on 3/18/22.(cg) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
43

EXPARTE/CONSENT MOTION to Continue hearing on Plaintiffs' Motion to Determine Conflict Free Counsel, R. Doc. 18 by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order)(Martiny, Daniel) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
44

Correction of Docket Entry by Clerk re 43 MOTION to Continue hearing on Plaintiffs' Motion to Determine Conflict Free Counsel, R. Doc. 18. **Document contains incorrect Magistrate Judge information. All future pleadings must reflect Magistrate 2, Magistrate Judge Donna Phillips Currault. Please ensure to update your case caption on all future pleadings.** (jeg) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
45

ORDER granting 43 MOTION to Continue hearing on Plaintiffs' Motion to Determine Conflict Free Counsel, R. Doc. 18 filed by Joseph P. Lopinto, III, Ryan Vaught, Chad Pitfield, Manuel Estrada, Steven Mehrtens, Shannon Guidry, Nick Vega, Myron Gaudet. FURTHER ORDERED that the hearing on Plaintiffs Motion to Determine Conflict Free Counsel, 18, be and is hereby continued and reset to be held on 4/13/2022. Signed by Magistrate Judge Donna Phillips Currault on 3/22/2022.(caa) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER

Correction of Docket Entry by Clerk

March 22, 2022

March 22, 2022

PACER
46

EXPARTE/CONSENT MOTION to Amend 16 Scheduling Order, by Donna Lou. (Attachments: # 1 Proposed Order)(Most, William) Modified text/referral on 3/25/2022 (jeg). (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

PACER
47

ORDER AND REASONS that Plaintiffs Motion to Compel 21 is GRANTED IN PART AND DENIED IN PART as stated herein. FURTHER ORDERED that Defendants provide supplemental responses, including a privilege log, and documents, as outlined above, in response to Interrogatory Nos. 8, 9, 10 and 11 and Request for Production Nos. 6, 7, 15, 25 and 26, within 21 days. Signed by Magistrate Judge Donna Phillips Currault on 3/24/2022. (caa) (Entered: 03/24/2022)

March 24, 2022

March 24, 2022

Clearinghouse
48

Correction of Docket Entry by Clerk re 46 MOTION to Amend/Correct 16 Scheduling Order. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action. No further action necessary.** (jeg) (Entered: 03/25/2022)

March 25, 2022

March 25, 2022

PACER

Correction of Docket Entry by Clerk

March 25, 2022

March 25, 2022

PACER
49

MOTION for Partial Summary Judgment, MOTION to Dismiss by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. Motion(s) will be submitted on 4/19/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts)(Martiny, Daniel) Responses due by 4/11/2022 (mmv). (Entered: 03/29/2022)

1 Memorandum in Support

View on RECAP

2 Notice of Submission (Civil Only)

View on PACER

3 Statement of Contested/Uncontested Facts

View on RECAP

March 29, 2022

March 29, 2022

PACER
50

ORDER GRANTING 46 MOTION to Amend Scheduling Order. Scheduling Conference set for 4/21/2022 09:30 AM before case manager by telephone to select a new trial date and corresponding pretrial deadlines. Signed by Judge Wendy B Vitter on 3/29/2022.(mmv) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
51

RESPONSE/MEMORANDUM in Opposition filed by Donna Lou, Daren Parsa re 49 MOTION for Partial Summary Judgment MOTION to Dismiss . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Most, William) (Entered: 03/30/2022)

1 Statement of Contested/Uncontested Facts

View on PACER

March 30, 2022

March 30, 2022

RECAP
52

NOTICE OF HEARING. A call-in scheduling conference is set for 4/21/2022 09:30 AM before case manager by telephone. By Clerk. Please follow the dial-in instructions provided in this notice.(mmv) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER
53

EXPARTE/CONSENT MOTION to Continue Submission Date, R. Doc. 36 by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield, Ryan Vaught, Nick Vega. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order)(Martiny, Daniel) Modified text on 4/8/2022 (cwa). (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
54

ORDER: IT IS ORDERED that Defendants' 53 Motion to Continue is GRANTED; IT IS FURTHER ORDERED that the submission date of Plaintiff's 36 Motion to Compel is CONTINUED to Wednesday, April 27, 2022. Signed by Magistrate Judge Donna Phillips Currault on 4/8/2022.(cwa) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
55

ORDER: IT IS ORDERED that oral argument on Wednesday, April 13, 2022 at 11:00 a.m. on Plaintiff's 18 Motion to Disqualify Counsel will now be held via videoconference before Magistrate Judge Donna Phillips Currault. A log-in invitation for the video conference will be emailed to counsel. Signed by Magistrate Judge Donna Phillips Currault on 4/11/2022.(cwa) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
56

EXPARTE/CONSENT MOTION for Leave to File Supplemental Authority by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order, # 2 Exhibit A (April 11, 2022 Order in U.S. v. Ashton Ryan et al.))(Most, William) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
57

ORDER granting 56 Motion for Leave to File Supplemental Authority. Signed by Magistrate Judge Donna Phillips Currault on 4/13/2022. (cwa) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
58

Minute Entry for proceedings held before Magistrate Judge Donna Phillips Currault: Motion Hearing held on 4/13/2022 re 18 MOTION to Disqualify Counsel filed by Donna Lou, Daren Parsa. IT IS ORDERED that, within 14 days, counsel for Defendants file a separate Affidavit by each Defendant to establish informed consent has been provided, as set forth in document. IT IS FURTHER ORDERED that, within 14 days, defense counsel provide his own affidavit as set forth in document. If anything contained in these Affidavits contain confidential client information or information subject to the attorney-client privilege or work product doctrine, the Affidavit(s) may be filed UNDER SEAL. IT IS FURTHER ORDERED that, absent further Order of this Court finding any insufficiency with the Affidavits, Plaintiffs' 18 Motion to Disqualify Counsel is DENIED, reserving to Plaintiffs the right to file a new Motion to Disqualify should a non-waivable, actual conflict of interest arise later in this litigation. (Court Reporter Karen Ibos.) (cwa) (Entered: 04/14/2022)

April 13, 2022

April 13, 2022

RECAP
59

**STRICKEN** Request by All Plaintiffs for this Court to Disregard Defendants' Counsel's Ex Parte Communications (Attachments: # 1 Exhibit A (Defendants' Counsel's Ex Parte Communications With Court))(Most, William) Modified on 4/19/2022 (cwa). (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
60

Correction of Docket Entry by Clerk re 59 Request. Document has been deemed improper and has been stricken. (cwa) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
61

MOTION to Strike Defendants' Ex Parte Communications by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 5/11/2022. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Defendants' Counsel's Ex Parte Communications), # 3 Proposed Order, # 4 Notice of Submission)(Most, William) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
62

ORDER: IT IS ORDERED that Defendants must produce Document No. 20200201 no later than Monday, April 25, 2022, which may be redacted as set forth herein; IT IS FURTHER ORDERED that Defendants produce a proper privilege log, as required in the March 24, 2022 Order (ECF No. 47, at 23), no later than Monday, April 25, 2022. Signed by Magistrate Judge Donna Phillips Currault on 4/19/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(cwa) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
63

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum, R. Doc. 49 by Joseph P. Lopinto, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Martiny, Daniel) Modified text on 4/20/2022 (cwa). (Entered: 04/19/2022)

1 Proposed Order

View on PACER

2 Proposed Pleading

View on PACER

April 19, 2022

April 19, 2022

PACER
64

RESPONSE/MEMORANDUM in Opposition filed by Joseph P. Lopinto, III re 36 MOTION to Compel Discovery Responses of Sheriff Lopinto (Individually). (Martiny, Daniel) Modified text on 4/20/2022 (cwa). (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

Correction of Docket Entry by Clerk

April 19, 2022

April 19, 2022

PACER
65

Correction of Docket Entry by Clerk re 63 MOTION for Leave to File Reply Memorandum, R. Doc. 49. Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge (2). (cwa) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
66

TEXT ORDER (No PDF Document Attached) GRANTING 63 Motion for Leave to File Reply. The Clerk's Office is directed to file the Reply brief (R. Doc. 63-2) into the record in this matter. Signed by Judge Wendy B Vitter on 4/20/2022. (fmm) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
67

Reply Memorandum filed by Joseph P. Lopinto, III, in Support of 49 MOTION for Partial Summary Judgment, MOTION to Dismiss . (mmv) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER

Correction of Docket Entry by Clerk

April 20, 2022

April 20, 2022

PACER

Order on Motion for Leave to File

April 20, 2022

April 20, 2022

PACER
68

NOTICE of Withdrawal of Motion to Strike as Moot by Donna Lou, Daren Parsa re 61 MOTION to Strike Defendants' Ex Parte Communications. (Most, William) Modified text on 4/21/2022 (cwa). (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
69

ORDER: IT IS ORDERED that Plaintiffs' 61 Motion to Strike Defendants' Ex Parte Communications is DENIED AS MOOT. Signed by Magistrate Judge Donna Phillips Currault on 4/21/2022. (cwa) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
70

AMENDED SCHEDULING ORDER: Jury Trial set for 3/6/2023 09:00 AM before Judge Wendy B Vitter. Final Pretrial Conference set for 2/16/2023 02:00 PM before Judge Wendy B Vitter. All discovery must be completed by 12/19/2022. Signed by Judge Wendy B Vitter on 4/24/2022. (Attachments: # 1 Pretrial Notice Form)(cwa) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
71

EXPARTE/CONSENT MOTION for Leave to File Reply, R. Doc. 36 by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Most, William) Modified text on 4/26/2022 (cwa). (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
72

ORDER granting 71 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 4/26/2022. (cwa) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
73

REPLY to Response to Motion filed by Donna Lou, Daren Parsa re 36 MOTION to Compel Discovery Responses of Sheriff Lopinto (Individually). (cwa) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
74

AFFIDAVIT of Defendants and Counsel re 58 Motion Hearing (Martiny, Daniel) Modified text on 4/27/2022 (cwa). (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
75

EXPARTE/CONSENT MOTION for Protective Order by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Protective Order, # 2 Proposed Order)(Most, William) Modified text on 5/11/2022 (cwa). (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
76

ORDER denying 75 Motion for Protective Order. The Court directs the parties to review the sample protective order available at http://www.laed.uscourts.gov/judges-information/judge/honorable-donna-phillips-currault, specifically 6 outlining the proper procedure for seeking to seal documents filed in the court record. Signed by Magistrate Judge Donna Phillips Currault on 5/16/2022. (cwa) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

RECAP
77

EXPARTE/CONSENT MOTION for Protective Order as Amended to Comply With the Court's Directive by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order, # 2 Proposed Protective Order)(Most, William) Modified text on 5/23/2022 (pp). (Entered: 05/21/2022)

May 21, 2022

May 21, 2022

PACER
78

PROTECTIVE ORDER. Signed by Magistrate Judge Donna Phillips Currault on 5/23/2022.(caa) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
79

ORDER that Plaintiffs Motion to Compel 36 is GRANTED IN PART AND DENIED IN PART as stated herein. FURTHER ORDERED that Defendant provide supplemental responses as outlined above in response to Interrogatory Nos. 6, 12, 17 and 18, and Request for Production Nos. 14, within 21 days. Signed by Magistrate Judge Donna Phillips Currault on 5/31/2022. (caa) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

RECAP
80

**WITHDRAWN PER ORDER AT R. DOC. 88** MOTION for Protective Order (HIPAA-Qualified Protective Order) by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 7/13/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 4 Proposed Pleading (Amended Model Protective Order), # 5 Exhibit A (Corr. of Counsel), # 6 Exhibit B (Redlined Version of Proposed Protective Order)(Most, William) Modified text on 7/12/2022 (cwa). (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
81

RESPONSE/MEMORANDUM in Opposition filed by Manuel Estrada, Myron Gaudet, Shannon Guidry, Joseph P. Lopinto, III, Steven Mehrtens, Chad Pitfield re 80 MOTION for Protective Order (HIPAA-Qualified Protective Order). (Martiny, Daniel) Modified text on 7/6/2022 (cwa). (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
82

Correction of Docket Entry by Clerk re 81 Response/Memorandum in Opposition to Motion. Document contains incorrect Magistrate Judge. All future pleadings must reflect Magistrate Judge Currault. (cwa) (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER
83

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion for Entry of HIPAA-Qualified Protective Order, R. Doc. 80 by Donna Lou, Daren Parsa. Motion(s) referred to Donna Phillips Currault. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading (Reply))(Most, William) Modified text on 7/6/2022 (cwa). (Entered: 07/06/2022)

July 6, 2022

July 6, 2022

PACER

Correction of Docket Entry by Clerk

July 6, 2022

July 6, 2022

PACER
84

ORDER granting 83 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 7/7/2022. (cwa) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
85

REPLY to Response to Motion filed by Donna Lou, Daren Parsa re 80 MOTION for Protective Order (HIPAA-Qualified Protective Order). (cwa) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
86

ORDER: IT IS ORDERED that oral argument on Plaintiffs' 80 Motion for Entry of HIPAA-Qualified Protective Order be held on WEDNESDAY, JULY 13, 2022, at 11:00 a.m. before Magistrate Judge Donna Phillips Currault, 500 Poydras Street, Hale Boggs Building, Room B-421, New Orleans, Louisiana. The hearing will be conducted in person, unless otherwise notified by the court. Signed by Magistrate Judge Donna Phillips Currault on 7/8/2022.(cwa) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Policing

Disability Rights

Key Dates

Filing Date: Jan. 14, 2021

Closing Date: Sept. 29, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The parents of a 16 year old autistic boy who died while being restrained by law enforcement.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

ABC Insurance Company, Private Entity/Person

Westgate Shopping Center (Metairie, Jefferson), Private Entity/Person

Jefferson Parish Sheriff's Office (Jefferson), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: Unknown

Issues

Policing:

Excessive force