Case: Cook v. Bogalusa City Court

2:16-cv-11024 | U.S. District Court for the Eastern District of Louisiana

Filed Date: June 21, 2016

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 21, 2016, individuals who had been subject to a $50 "extension fee" for inability to pay their monetary penalties in full, under threat that they would otherwise go to jail for non-payment of court fines and costs, brought this putative class action in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued the Bogalusa City Court and the sole judge who sits on the Bogalusa City Court for violations of their Fourteenth Amendment rights to equal protection and …

On June 21, 2016, individuals who had been subject to a $50 "extension fee" for inability to pay their monetary penalties in full, under threat that they would otherwise go to jail for non-payment of court fines and costs, brought this putative class action in the U.S. District Court for the Eastern District of Louisiana. The plaintiffs sued the Bogalusa City Court and the sole judge who sits on the Bogalusa City Court for violations of their Fourteenth Amendment rights to equal protection and due process, under 42 U.S.C. § 1983. They claimed that the defendants: systematically jailed and threatened to jail individuals who cannot pay fines and court costs that were used to fund expenditures of the city court; and have created an illegal extension fee to generate additional revenue.

Represented by the Southern Poverty Law Center, plaintiffs sought a temporary restraining order or preliminary injunction, as well as to certify a class and subclass for equitable relief and a separate class for damages. The class for equitable relief was to be defined as "all individuals who will appear in the Bogalusa City Court for criminal cases or who have unpaid fines and costs assessed by and opened by the City Court. The Subclass was to be defined as "all individuals who were or will be adjudicated guilty in the Bogalusa City Court, who have been worn will be given a future date by which to return to City Court, and who have not paid the assessed fines and costs in full prior to returning to City Court." The class seeking damages included those individuals who paid an extension fee between June 22, 2015 to the time of the complaint.

In a June 23, 2016 order, U.S. District Court Judge Ivan L.R. Lemelle denied the plaintiffs' motion for a temporary restraining order, and held their request for a preliminary injunction in abeyance. Shortly thereafter, the parties agreed to explore a possible settlement.

As settlement negotiations were getting under way, the parties reached an interim agreement, which they filed on June 27, 2016. Once approved by the Court, it was to govern the next 75 days. During this time period, the defendant judge agreed not to incarcerate any Bogalusa City Court defendant on the sole basis of nonpayment of fines or costs or contempt fee, nor assess or collect (i) any court cost authorized by La. Stat. Ann. § 13:1899; (ii) any “extension fees” or similar payments required by the City Court to allow a defendant additional time to pay court debt; or (iii) any contempt fees that are retained by the City Court and deposited into the City Court’s judicial expense account.

In addition, for the same interim time period, the defendant judge agreed to provide to the plaintiffs’ counsel a copy of daily jail logs for the Bogalusa City Jail, and an up-to-date copy of the Bogalusa City Court’s “Criminal Account-Citizens Income Statement.” Both parties agreed to submit a joint written status report in 45 days to report on the status of settlement discussions and the parties’ respective positions on how the Court should proceed with the pending motions for preliminary injunction and class certification. This agreement was repeatedly renewed through motions to continue until the parties reached a full settlement on September 5, 2017.

On June 28, 2016, Judge Lemelle granted the joint motion and further ordered that the plaintiffs' Motion to Certify Class and their Motion for Preliminary Injunction to be dismissed without prejudice.

On January 17, 2017, plaintiffs amended their complaint with allegations that defendants, without the authorization of state law and after agreeing to halt the $50 dollar “extension fee,” began assigning community service as a sanction for non-payment, instead of jail-time, and established a $25 “enrollment fee” for individuals to complete community service.

On June 7, 2017, a partial settlement agreement was reached. The defendants agreed to issue $50 dollar refunds to all parties who paid the “extension fee” on and after June 21, 2015. The plaintiffs agreed to dismiss the fifth claim for relief of their first amended complaint, which sought compensatory damages for the payment of the extension fee, and agreed to dismiss defendant Bogalusa City Court from the suit.

On June 21, 2017, plaintiff’s motion for class certification was dismissed without prejudice.

On September 5, 2017, a full settlement was reached. Plaintiffs agreed to dismiss their lawsuit against the defendant. In exchange, the defendant agreed, for a period of thirty months, to stop jailing indigent individuals for failure to pay court debt solely due to their inability to pay the debt, agreed to discontinue use of any extension fees except as explicitly authorized by state law, and agreed to discontinue use of an enrollment fee for community service. The defendant also agreed to implement warrant amnesty days that would enable individuals with arrest warrants for failure to comply with an order to appear, subpoena, or summons to appear at the city court to receive a new hearing date and clear any warrants.

The defendant also permanently agreed to no longer collect or assess any court costs that would be deposited into an account controlled directly by the city court. Instead, these costs or fees would be deposited into a special account maintained by the City of Bogalusa, who would have control of the account and any disbursements made therefrom. The court was also required to submit a yearly budget request to fund operations of the city court, which the mayor and city council must approve in accordance with the city charter. The City of Bogalusa would maintain discretion to allocate funds from the special account to the court to fund operations of the court.

Finally, the defendant agreed to a six-month reporting period wherein the defendant would notify the plaintiff’s counsel when any city court defendant was being placed in jail for nonpayment of a fine, costs, or failure to complete a form of alternative payment.

The court maintained jurisdiction over the case. There has been no action on the docket since September 5, 2017.

Summary Authors

Saeeda Joseph-Charles (11/17/2016)

Cade Boland (10/22/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6148320/parties/cook-v-bogalusa-city-court/


Judge(s)
Attorney for Plaintiff

Brooke, Samuel (Alabama)

Cowan, Robert W (Louisiana)

Early, Emily C.R. (Alabama)

Attorney for Defendant

Dittmer, Edward Brewster II (Louisiana)

Expert/Monitor/Master/Other

Dirmann, Shannon Bates (Louisiana)

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Documents in the Clearinghouse

Document

2:16-cv-11024

Docket [PACER]

Cook v. Bogulsa City Court

Sept. 5, 2017

Sept. 5, 2017

Docket
1

2:16-cv-11024

Complaint

Roberts v. Black

June 21, 2016

June 21, 2016

Complaint
36

2:16-cv-11024

Joint Motion to Continue and to Enforce Agreed Stipulation

June 27, 2016

June 27, 2016

Pleading / Motion / Brief
39

2:16-cv-11024

Order [Denying Motion to Certify Class and the Motion for Preliminary Injunction Without Prejudice]

June 28, 2016

June 28, 2016

Order/Opinion
48

2:16-cv-11024

Order [Granting Motion to Continue to Enforce the Parties' Stipulations]

Oct. 17, 2016

Oct. 17, 2016

Order/Opinion
67

2:16-cv-11024

First Amended Complaint

Cook v. Robert J. Black

Jan. 10, 2017

Jan. 10, 2017

Complaint
91-1

2:16-cv-11024

Stipulated Settlement Agreement Related to Fifth Claim for Relief

Cook v. Black

June 2, 2017

June 2, 2017

Settlement Agreement
95

2:16-cv-11024

Order

June 7, 2017

June 7, 2017

Order/Opinion
105

2:16-cv-11024

Order

June 22, 2017

June 22, 2017

Order/Opinion
113-1

2:16-cv-11024

Stipulated Settlement Agreement

Cook v. Black

Sept. 1, 2017

Sept. 1, 2017

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6148320/cook-v-bogalusa-city-court/

Last updated Feb. 18, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs (Filing fee $ 400 receipt number 053L-5511246) filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi.Attorney Ivy Wang added to party Latasha Cook(pty:pla), Attorney Ivy Wang added to party Robert Levi(pty:pla), Attorney Ivy Wang added to party Ebony Roberts(pty:pla), Attorney Ivy Wang added to party Rozzie Scott(pty:pla).(Wang, Ivy)

June 21, 2016

June 21, 2016

RECAP
2

Summons Submitted for Issuance (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
3

Summons Submitted for Issuance (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
4

***FILED IN ERROR - TO BE RE-FILED*** - EXPARTE/CONSENT MOTION for Leave to File Excess Pages of Plaintiffs' Memorandum of Law in Support of their Motion for Temporary Retraining Order or Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified on 6/21/2016 (ijg).

1 Proposed Order

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June 21, 2016

June 21, 2016

PACER
5

EXPARTE/CONSENT MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order Proposed Temporary Restraining Order, # (3) Proposed Order Proposed Preliminary Injunction)(Wang, Ivy)

1 Memorandum in Support

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2 Proposed Order Proposed Temporary Restraining Order

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3 Proposed Order Proposed Preliminary Injunction

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June 21, 2016

June 21, 2016

PACER
6

EXPARTE/CONSENT MOTION to Expedite Hearing, MOTION for Hearing re [5] MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy)

1 Proposed Order

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June 21, 2016

June 21, 2016

PACER
7

Declaration by All Plaintiffs : Declaration of Micah West in Support of Motion for Temporary Restraining Order and/or Preliminary Injunction and Motion for Class Certification (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V)(Wang, Ivy)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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June 21, 2016

June 21, 2016

PACER
8

Declaration by All Plaintiffs : Declaration of Ebony Roberts (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
9

Declaration by All Plaintiffs : Declaration of Rozzie Scott (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
10

Declaration by All Plaintiffs : Declaration of Latasha Cook (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
11

Declaration by All Plaintiffs : Declaration of Robert Levi (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
12

Declaration by All Plaintiffs : Declaration of Douglas Levi (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
13

Declaration by All Plaintiffs : Declaration of Davina Cole (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
14

Declaration by All Plaintiffs : Declaration of Dallas Magee (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
15

Declaration by All Plaintiffs : Declaration of Chequietta Henry (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
16

Declaration by All Plaintiffs : Declaration of Alexis Dixon (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
17

Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (jeg)

June 21, 2016

June 21, 2016

PACER
18

Civil Cover Sheet Submitted (Wang, Ivy)

June 21, 2016

June 21, 2016

PACER
19

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Samuel Brooke (Filing fee $ 100 receipt number 053L-5512198) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Samuel Brooke in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy)

1 Affidavit of Samuel Brooke in Support of Motion for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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3 Exhibit CM/ECF Registration

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4 Proposed Order

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June 21, 2016

June 21, 2016

PACER
20

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Micah West (Filing fee $ 100 receipt number 053L-5512239) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Micah West in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy)

1 Affidavit of Micah West in Support of Motion for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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3 Exhibit CM/ECF Registration

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4 Proposed Order

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June 21, 2016

June 21, 2016

PACER
21

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Emily Early (Filing fee $ 100 receipt number 053L-5512293) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Emily Early in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Exhibit CM/ECF Registration, # (4) Proposed Order)(Wang, Ivy)

1 Affidavit of Emily Early in Support of Motion for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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3 Exhibit CM/ECF Registration

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4 Proposed Order

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June 21, 2016

June 21, 2016

PACER
22

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice of Sara Zampierin (Filing fee $ 100 receipt number 053L-5512332) by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Affidavit of Sara Zampierin in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit Certificate of Good Standing, # (3) Proposed Order)(Wang, Ivy)

1 Affidavit of Sara Zampierin in Support of Motion for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing

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3 Proposed Order

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June 21, 2016

June 21, 2016

PACER
23

DEFICIENT - EXPARTE/CONSENT MOTION to Certify Class by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Memorandum in Support, # (2) Affidavit of Samuel Brooke in Support of Motion for Class Certification, # (3) Proposed Order)(Wang, Ivy) Modified on 6/22/2016 (ijg).

1 Memorandum in Support

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2 Affidavit of Samuel Brooke in Support of Motion for Class Certification

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3 Proposed Order

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June 21, 2016

June 21, 2016

PACER
24

Summons Issued as to Robert J. Black, Bogalusa City Court. (Attachments: # (1) Summons)(ijg)

1 Summons

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June 21, 2016

June 21, 2016

PACER
25

EXPARTE/CONSENT MOTION to Substitute Filing, MOTION for Leave to File Excess Pages of the Memorandum of Law in Support of Motion for Temporary Restraining Order or Preliminary Injunction by Ebony Roberts, Rozzie Scott. (Attachments: # (1) Exhibit A: Proposed Corrected Memorandum, # (2) Proposed Order)(Wang, Ivy)

1 Exhibit A: Proposed Corrected Memorandum

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2 Proposed Order

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June 21, 2016

June 21, 2016

PACER

NOTICE OF DEFICIENT DOCUMENT: re 23 Motion to Certify Class,. Reason(s) of deficiency: Notice of Submission not provided. For corrective information, see section(s) D12 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 6/29/2016. (ijg)

June 22, 2016

June 22, 2016

PACER
26

***DEFICIENT*** - SUMMONS Returned Executed; Robert J. Black served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/23/2016 (ijg).

June 22, 2016

June 22, 2016

PACER
27

***DEFICIENT*** - SUMMONS Returned Executed; Bogalusa City Court served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/23/2016 (ijg).

June 22, 2016

June 22, 2016

PACER

NOTICE OF DEFICIENT DOCUMENT: re 26 Summons Returned Executed, 27 Summons Returned Executed. Reason(s) of deficiency: Incomplete document; the Summons Returns must include both pages of the summons form that was issued on 6/21/2016. For corrective information, see section(s) D01 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 6/30/2016. (ijg)

June 23, 2016

June 23, 2016

PACER
28

SUMMONS Returned Executed; Robert J. Black served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/24/2016 (ijg).

June 23, 2016

June 23, 2016

PACER
29

SUMMONS Returned Executed; Bogalusa City Court served on 6/22/2016, answer due 7/13/2016. (Wang, Ivy) Modified on 6/24/2016 (ijg).

June 23, 2016

June 23, 2016

PACER
30

MOTION to Certify Class by Ebony Roberts, Rozzie Scott. Motion(s) will be submitted on 7/20/2016. (Attachments: # (1) Memorandum in Support, # (2) Affidavit of Samuel Brooke in Support, # (3) Notice of Submission, # (4) Proposed Order)(Wang, Ivy)

1 Memorandum in Support

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2 Affidavit of Samuel Brooke in Support

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3 Notice of Submission (Civil Only)

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4 Proposed Order

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June 23, 2016

June 23, 2016

PACER
31

Request/Statement of Oral Argument by Ebony Roberts, Rozzie Scott regarding [30] MOTION to Certify Class (Wang, Ivy)

June 23, 2016

June 23, 2016

PACER
32

ORDER AND REASONS: For the reasons outlined, IT IS ORDERED that the motion for leave to file and substitute filing (Rec. Doc. 25) is GRANTED. FURTHER ORDERED that the motion for temporary restraining order is DENIED; the request for a preliminary injunction will be HELD IN ABEYANCE. A preliminary injunction hearing is tentatively set for Wednesday, July 13, 2016 at 9:00 a.m. Defendants have until July 5, 2016 to file any opposition memoranda in accordance with Local Rule 7.5. FURTHER ORDERED that the motion to set a speedy hearing on claim two of the complaint is DENIED.. Signed by Judge Ivan L.R. Lemelle on 6/23/2016.(cms)

June 23, 2016

June 23, 2016

PACER
33

ORDER granting [19] [20] [21] [22] Motions to Appear Pro Hac Vice as to Samuel J. Brooke, Micah West, Emily C.R. Early, Sara Zampierin. Signed by Judge Ivan L.R. Lemelle on 6/23/2016. (cms)

June 23, 2016

June 23, 2016

PACER
34

CERTIFICATE OF SERVICE by All Plaintiffs re [32] Order, [33] Order on Motion to Appear Pro Hac Vice. (Wang, Ivy) Modified docket text only on 6/24/2016 (ijg).

June 23, 2016

June 23, 2016

PACER
35

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Robert J. Black. (Attachments: # (1) Proposed Order)Attorney Edward Brewster Dittmer, II added to party Robert J. Black(pty:dft).(Dittmer, Edward)

1 Proposed Order

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June 27, 2016

June 27, 2016

PACER
36

EXPARTE/CONSENT Joint MOTION to Continue, Joint MOTION to Enforce Agreed Stipulation by Ebony Roberts, Rozzie Scott, Robert J. Black. (Attachments: # (1) Proposed Order)(Brooke, Samuel) Modified on 6/28/2016 (ijg).

1 Proposed Order

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June 27, 2016

June 27, 2016

PACER
37

ORDER granting [35] Motion to Enroll E.B. Dittmer II as Counsel of Record for Robert J. Black. Signed by Judge Ivan L.R. Lemelle. (ijg)

June 27, 2016

June 27, 2016

PACER
38

Correction of Docket Entry by Clerk re [36] Joint MOTION to Continue, Joint MOTION to Enforce Agreed Stipulation ; Filing attorney did not select Robert J. Black as a filer(s). Clerk added filer(s). (ijg)

June 28, 2016

June 28, 2016

PACER
39

ORDER Granting [36] Joint MOTION to Continue Joint MOTION to Enforce Agreed Stipulation . Further Ordered that the [30] MOTION to Certify Class and the [5] MOTION for Preliminary Injunction are Dismissed Without Prejudice. Further Ordered that within 46 days the parties shall jointly file a motion as set forth in document. Signed by Judge Ivan L.R. Lemelle.(ijg)

June 28, 2016

June 28, 2016

PACER
40

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Bogalusa City Court. (Attachments: # (1) Proposed Order)Attorney Edward Brewster Dittmer, II added to party Bogalusa City Court(pty:dft).(Dittmer, Edward)

1 Proposed Order

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July 27, 2016

July 27, 2016

PACER
41

ORDER granting [40] Motion to Enroll as Counsel of Record. Signed by Judge Ivan L.R. Lemelle. (ijg)

July 28, 2016

July 28, 2016

PACER
42

EXPARTE/CONSENT MOTION to Enroll as Additional Counsel of Record Shannon Dirmann, Patricia Wilton and David Sanders by Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)Attorney Shannon Bates Dirmann added to party Robert J. Black(pty:dft), Attorney Shannon Bates Dirmann added to party Bogalusa City Court(pty:dft).(Dirmann, Shannon) Modified text on 8/10/2016 (mmv).

1 Proposed Order

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Aug. 10, 2016

Aug. 10, 2016

PACER
43

ORDER granting [42] Motion to Enroll as Counsel of Record for Attorney Patricia Hill Wilton,David Glen Sanders, Shannon B. Dirmann for Robert J. Black and Bogalusa City Court. Signed by Judge Ivan L.R. Lemelle on 8/10/2016. (my)

Aug. 10, 2016

Aug. 10, 2016

PACER
44

EXPARTE/CONSENT MOTION to Set a Scheduling Order, MOTION to Continue by Ebony Roberts, Rozzie Scott, Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified on 8/15/2016 (ijg).

1 Proposed Order

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Aug. 12, 2016

Aug. 12, 2016

PACER
45

Correction of Docket Entry by Clerk re [44] MOTION to Set a Scheduling Order MOTION to Continue ; Filing attorney did not add Robert J. Black and Bogalusa City Court as filers. Clerk added filers. (ijg)

Aug. 15, 2016

Aug. 15, 2016

PACER
46

ORDER Granting [36] Joint MOTION to set a Scheduling Conference and to Continue. A telephone Scheduling Conference set for 10/27/2016 09:30 AM before case manager. The parties shall call in for the conference. Further Ordered that all scheduling and discovery deadlines are continued for 60 days from the date of this order. Further Ordered that the parties' joint stipulation shall remain in effect for 60 days from the date of this order. Signed by Judge Ivan L.R. Lemelle.(ijg)

Aug. 16, 2016

Aug. 16, 2016

PACER
47

EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified filers on 10/14/2016 (mmv).

1 Proposed Order

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Oct. 14, 2016

Oct. 14, 2016

PACER
48

ORDER GRANTING [47] Motion to Continue to Enforce the Parties' Stipulations. IT IS ORDERED that the motion is GRANTED. The parties' joint stipulations (see Rec. Docs. [36], [39], [46]) shall remain in effect and be fully enforceable by this Court for sixty (60) days from the date of this Order. IT IS FURTHER ORDERED that all other deadlines shall remain unaltered. Signed by Judge Ivan L.R. Lemelle on 10/17/2016. (mmv)

Oct. 17, 2016

Oct. 17, 2016

PACER
49

SCHEDULING ORDER: Final Pretrial Conference set for 9/28/2017 02:00 PM before Judge Ivan L.R. Lemelle. Bench Trial set for 10/16/2017 09:00 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 8/29/2017. Signed by Judge Ivan L.R. Lemelle. (Attachments: # (1) Pretrial Notice Form)(ijg)

1 Pretrial Notice Form

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Oct. 27, 2016

Oct. 27, 2016

PACER
50

**WITHDRAWN PER ORDER REC. DOC. #55** EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Early, Emily) Modified text/filers on 11/25/2016 (mmv).

1 Proposed Order

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Nov. 23, 2016

Nov. 23, 2016

PACER
51

EXPARTE/CONSENT MOTION for Extension of Deadlines by the Parties by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified text/filers on 11/25/2016 (mmv).

1 Proposed Order

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Nov. 23, 2016

Nov. 23, 2016

PACER
52

Correction of Docket Entry by Clerk re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations, [51] MOTION for Extension of Deadlines by the Parties. **The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document.** (mmv)

Nov. 25, 2016

Nov. 25, 2016

PACER
53

EXPARTE/CONSENT MOTION to Withdraw Motion filed in Error re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text on 11/29/2016 (mmv).

1 Proposed Order

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Nov. 28, 2016

Nov. 28, 2016

PACER
54

ORDER GRANTING [51] Motion for Extension of Deadlines. The deadline for filing any amendments to pleadings, third-party actions, cross-claims, and/or counter-claims is hereby extended from November 28, 2016 to January 6, 2017. IT IS FURTHER ORDERED that all other deadlines shall remain unaltered. Signed by Judge Ivan L.R. Lemelle on 11/29/2016. (mmv)

Nov. 29, 2016

Nov. 29, 2016

PACER
55

ORDER GRANTING [53] Motion to Withdraw Motion Filed in Error re [50] Joint MOTION to Continue to Enforce the Parties' Stipulations. Signed by Judge Ivan L.R. Lemelle on 11/29/2016. (mmv)

Nov. 29, 2016

Nov. 29, 2016

PACER
56

EXPARTE/CONSENT Joint MOTION to Continue to Enforce the Parties' Stipulations by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Zampierin, Sara) Modified text/filers on 12/19/2016 (mmv).

1 Proposed Order

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Dec. 16, 2016

Dec. 16, 2016

PACER
57

Correction of Docket Entry by Clerk re [56] Joint MOTION to Continue to Enforce the Parties' Stipulations. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mmv)

Dec. 19, 2016

Dec. 19, 2016

PACER
58

ORDER GRANTING [56] Motion to Continue to Enforce the Parties' Stipulations as set forth in document. Signed by Judge Ivan L.R. Lemelle on 12/19/2016. (mmv)

Dec. 20, 2016

Dec. 20, 2016

PACER
59

**DEFICIENT** AMENDED COMPLAINT against All Defendants filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi. (Wang, Ivy) Modified on 1/9/2017 (mmv).

Jan. 6, 2017

Jan. 6, 2017

PACER
60

**DEFICIENT** MOTION to Certify Class by Plaintiffs. Motion(s) will be submitted on 3/1/2017. (Attachments: # (1) Memorandum in Support, # (2) Proposed Order, # (3) Notice of Submission and Request for Oral Argument)(Wang, Ivy) Modified on 1/9/2017 (mmv).

1 Memorandum in Support

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2 Proposed Order

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3 Notice of Submission (Civil Only) and Request for Oral Argument

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Jan. 6, 2017

Jan. 6, 2017

PACER
61

Declaration by Plaintiffs of Micah West (Attachments: # (1) Exhibit A to West Decl., # (2) Exhibit B to West Decl., # (3) Exhibit C to West Decl., # (4) Exhibit D to West Decl., # (5) Exhibit E to West Decl., # (6) Exhibit F to West Decl., # (7) Exhibit G to West Decl., # (8) Exhibit H to West Decl., # (9) Exhibit I to West Decl., # (10) Exhibit J to West Decl., # (11) Exhibit K to West Decl., # (12) Exhibit L to West Decl., # (13) Exhibit M to West Decl., # (14) Exhibit N to West Decl., # (15) Exhibit O to West Decl., # (16) Exhibit P to West Decl., # (17) Exhibit Q to West Decl., # (18) Exhibit R to West Decl., # (19) Exhibit S to West Decl., # (20) Exhibit T to West Decl., # (21) Exhibit U to West Decl., # (22) Exhibit V to West Decl.)(Wang, Ivy) Modified filers on 1/9/2017 (mmv).

1 Exhibit A to West Decl.

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2 Exhibit B to West Decl.

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3 Exhibit C to West Decl.

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4 Exhibit D to West Decl.

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5 Exhibit E to West Decl.

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6 Exhibit F to West Decl.

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7 Exhibit G to West Decl.

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8 Exhibit H to West Decl.

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9 Exhibit I to West Decl.

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10 Exhibit J to West Decl.

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11 Exhibit K to West Decl.

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12 Exhibit L to West Decl.

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13 Exhibit M to West Decl.

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14 Exhibit N to West Decl.

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15 Exhibit O to West Decl.

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16 Exhibit P to West Decl.

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17 Exhibit Q to West Decl.

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18 Exhibit R to West Decl.

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19 Exhibit S to West Decl.

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20 Exhibit T to West Decl.

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21 Exhibit U to West Decl.

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22 Exhibit V to West Decl.

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Jan. 6, 2017

Jan. 6, 2017

PACER
62

NOTICE by Plaintiffs of Filing of Declarations. (Attachments: # (1) Affidavit of Samuel Brooke, # (2) Affidavit of Sarah Bechdel, # (3) Affidavit of Richard Bolgiano, # (4) Affidavit of Bradley Moses, # (5) Affidavit of Benny Graham, # (6) Affidavit of James Lorio, # (7) Affidavit of Marisa Pam)(Wang, Ivy) Modified text/filers on 1/9/2017 (mmv).

1 Affidavit of Samuel Brooke

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2 Affidavit of Sarah Bechdel

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3 Affidavit of Richard Bolgiano

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4 Affidavit of Bradley Moses

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5 Affidavit of Benny Graham

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6 Affidavit of James Lorio

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7 Affidavit of Marisa Pam

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Jan. 6, 2017

Jan. 6, 2017

PACER

NOTICE OF DEFICIENT DOCUMENT: re 60 Motion to Certify Class. **Reason(s) of deficiency: Pleadings over 25 pages; Notice of Submission not provided. The Memorandum in Support cannot be more than 25 pages. The Notice of Submission setting the motion for a valid submission date must be filed as a separate attachment to the Motion. If Oral Argument is being requested, the Request for Oral Argument must be filed as a separate pleading/docket entry.** For corrective information, see section(s) D07/D12 on http://www.laed.uscourts.gov/cmecf/Deficiency/deficiency.htm Attention: Document must be refiled in its entirety within seven(7) calendar days; otherwise, it may be stricken by the court without further notice. Deficiency remedy due by 1/17/2017. (mmv)

Jan. 9, 2017

Jan. 9, 2017

PACER
63

Correction of Docket Entry by Clerk re [61] Declaration, [62] Notice (Other).** Unless ordered by the Court, please do not change/edit the original case caption for any filings in this matter. Also, when selecting filers, please select All Plaintiffs if the document you are filing is on behalf of all plaintiffs.** (mmv)

Jan. 9, 2017

Jan. 9, 2017

PACER
64

EXPARTE/CONSENT MOTION for Leave to File Amended Complaint, by Latasha Cook, Robert Levi, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Proposed Pleading - First Amended Complaint, # (2) Notice of Submission, # (3) Proposed Order)(Wang, Ivy) Modified text on 1/11/2017 (mmv).

1 Proposed Pleading - First Amended Complaint

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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Jan. 10, 2017

Jan. 10, 2017

PACER
65

ORDER SCHEDULING SETTLEMENT CONFERENCE for 2/23/2017 at 10:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)

Jan. 12, 2017

Jan. 12, 2017

PACER
66

ORDER GRANTING [64] Motion for Leave to Amend Complaint. Signed by Judge Ivan L.R. Lemelle on 1/12/2017. (mmv)

Jan. 17, 2017

Jan. 17, 2017

PACER
67

AMENDED COMPLAINT against Robert J. Black, Bogalusa City Court filed by Rozzie Scott, Latasha Cook, Ebony Roberts, Robert Levi.(mmv)

Jan. 17, 2017

Jan. 17, 2017

RECAP
68

Renewed MOTION for Class Certification by Richard Bolgiano, Benny Graham, James Lorio, Bradley Moses, Marisa Pam. Motion(s) will be submitted on 3/15/2017. (Attachments: # (1) Memorandum in Support, # (2) Notice of Submission, # (3) Proposed Order)(Wang, Ivy) Modified text on 1/17/2017 (mmv).

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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Jan. 17, 2017

Jan. 17, 2017

PACER
69

Request/Statement of Oral Argument by All Plaintiffs regarding [68] MOTION to Certify Class (Wang, Ivy)

Jan. 17, 2017

Jan. 17, 2017

PACER
70

EXPARTE/CONSENT MOTION for Extension of Time to Answer re [67] Amended Complaint by Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Dittmer, Edward) Modified text/added linkage on 1/26/2017 (mmv).

1 Proposed Order

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Jan. 26, 2017

Jan. 26, 2017

PACER
71

Correction of Docket Entry by Clerk re [70] MOTION for Extension of Time to Answer . **Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 67.** (mmv)

Jan. 26, 2017

Jan. 26, 2017

PACER
72

ORDER GRANTING [70] Motion for Extension of Time to Answer re [67] Amended Complaint as to Robert J. Black answer due 2/6/2017; Bogalusa City Court answer due 2/6/2017. Signed by Judge Ivan L.R. Lemelle on 1/27/2017.(mmv)

Jan. 27, 2017

Jan. 27, 2017

PACER
73

ANSWER to [67] Amended Complaint by Robert J. Black, Bogalusa City Court.(Dittmer, Edward)

Feb. 6, 2017

Feb. 6, 2017

PACER
74

EXPARTE/CONSENT Joint MOTION to Extend Enforcement of the Parties' Stipulations by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 2/9/2017 (mmv).

1 Proposed Order

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Feb. 8, 2017

Feb. 8, 2017

PACER
75

Correction of Docket Entry by Clerk re [74] MOTION to Extend Enforcement of the Parties' Stipulations . **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mmv)

Feb. 9, 2017

Feb. 9, 2017

PACER
76

ORDER GRANTING [74] Joint Motion to Extend Enforcement of the Parties Stipulations. The parties' [36] joint stipulations, which this Court previously adopted and extended (Rec. Docs. [39], [46], [48], [58]), shall remain in effect and be fully enforceable until March 6, 2017. Signed by Judge Ivan L.R. Lemelle on 2/10/2017. (mmv)

Feb. 13, 2017

Feb. 13, 2017

PACER
77

Minute Entry for proceedings held before Magistrate Judge Michael North: Settlement Conference held on 2/23/2017. Negotiations were productive but unfortunately no resolution of Plaintiffs' claims could be achieved at this time. The settlement conference will be reconvened on March 15, 2017 at 1:00 p.m. (bwn)

Feb. 23, 2017

Feb. 23, 2017

PACER
78

EXPARTE/CONSENT Joint MOTION to Continue Submission Date re rec. doc. 68 by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Robert J. Black, Bogalusa City Court. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 3/6/2017 (mmv).

1 Proposed Order

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March 3, 2017

March 3, 2017

PACER
79

EXPARTE/CONSENT Joint MOTION to Extend Enforcement of the Parties' Stipulations and Adopt and Enforce a Modified Stipulation by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott, Bogalusa City Court, Robert J. Black. (Attachments: # (1) Proposed Order)(Wang, Ivy) Modified text/filers on 3/6/2017 (mmv).

1 Proposed Order

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March 3, 2017

March 3, 2017

PACER
80

Correction of Docket Entry by Clerk re [78] Joint MOTION to Continue Submission Date by the Parties. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk addedfiler(s).** (mmv)

March 6, 2017

March 6, 2017

PACER
81

Correction of Docket Entry by Clerk re [79] Joint MOTION to Extend Enforcement of the Parties' Stipulations and Adopt and Enforce a Modified Stipulation by the Parties. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mmv)

March 6, 2017

March 6, 2017

PACER
82

ORDER RESCHEDULING SETTLEMENT CONFERENCE for 4/7/2017 at 10:00 AM before Magistrate Judge Michael North. Signed by Magistrate Judge Michael North.(bwn)

March 7, 2017

March 7, 2017

PACER
83

ORDER: IT IS ORDERED that the [78] motion is GRANTED. The submission date for Plaintiffs' [68] Renewed Motion for Class Certification is hereby CONTINUED to May 10, 2017. Signed by Judge Ivan L.R. Lemelle on 3/6/2017.(mmv)

March 7, 2017

March 7, 2017

PACER
84

ORDER: IT IS ORDERED that the [79] motion is GRANTED. The parties' [36] joint stipulations, except with regard to the City's assessment, collection, and control of 13:1899 costs and contempt fees shall remain in effect and be fully enforceable until April 21, 2017. Signed by Judge Ivan L.R. Lemelle on 3/6/2017. (mmv)

March 7, 2017

March 7, 2017

PACER
85

ORDER CANCELLING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Michael North.(bwn)

April 10, 2017

April 10, 2017

PACER
86

RESPONSE/MEMORANDUM in Opposition filed by Robert J. Black re [68] Renewed MOTION for Class Certification . (Attachments: # (1) Affidavit Tonia Deleon)(Dittmer, Edward) Modified text on 5/4/2017 (jls).

1 Affidavit Tonia Deleon

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May 1, 2017

May 1, 2017

RECAP
87

ORDER regarding [69] Request/Statement of Oral Argument. IT IS ORDERED that the request is DENIED subject to further Court Order. At this time, the Court will consider Plaintiffs' Renewed Motion for Class Certification (Rec. Doc. 68) on the parties' briefings. If it later appears to the Court that oral argument would be helpful, it will be ordered. Signed by Judge Ivan L.R. Lemelle on 5/2/2017.(cg)

May 2, 2017

May 2, 2017

PACER
88

EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Renewed Motion for Class Certification (Doc No 68) by Richard Bolgiano, Benny Graham, James Lorio, Bradley Moses, Marisa Pam. (Attachments: # (1) Exhibit 1 - Proposed Reply Brief, # (2) Exhibit 2 - Proposed Order)(Brooke, Samuel) Modified text on 5/9/2017 (jls).

1 Exhibit 1 - Proposed Reply Brief

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2 Exhibit 2 - Proposed Order

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May 8, 2017

May 8, 2017

PACER
89

ORDER GRANTING [88] Motion for Leave to File Reply in Support of Plaintiffs' Renewed Motion for Class Certification. Signed by Judge Ivan L.R. Lemelle on 5/9/2017. (mmv)

May 9, 2017

May 9, 2017

PACER
90

Reply filed by All Plaintiffs, in Support of [68] Renewed MOTION for Class Certification . (mmv)

May 9, 2017

May 9, 2017

PACER
91

EXPARTE/CONSENT Joint MOTION to Retain Limited Jurisdiction to Enforce the Settlement Agreement, and MOTION to Dismiss the Fifth Claim for Relief Pursuant to Rule 41(a)(1)(A)(ii) by Robert J. Black, Bogalusa City Court, and, by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. (Attachments: # (1) Exhibit 1 - Stipulated Settlement Agreement Related to Fifth Claim for Relief, # (2) Proposed Order)(Wang, Ivy) Modified text/filers on 6/5/2017 (jls).

1 Exhibit 1 - Stipulated Settlement Agreement Related to Fifth Claim for Relief

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2 Proposed Order

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June 2, 2017

June 2, 2017

PACER
92

Correction of Docket Entry by Clerk re [91] MOTION Retain Jurisdiction to Enforce Agreed-Upon Settlement Agreement MOTION to Dismiss Fifth Claim MOTION to Dismiss Party. **1) Filing attorney selected three reliefs for a two-relief motion. Clerk took corrective action by removing the relief Motion to Dismiss Party. **2)Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (jls)

June 5, 2017

June 5, 2017

PACER
93

EXPARTE/CONSENT MOTION for Entry of Stipulation and Order for the Production and Exchange of Confidential Information by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order)(Early, Emily) Modified text on 6/7/2017 (jls).

1 Proposed Order

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June 6, 2017

June 6, 2017

PACER
94

ORDER GRANTING [69] Request/Statement of Oral Argument regarding [68] MOTION to Certify Class. IT IS ORDERED that the Court will hear oral arguments in open court on Wednesday, June 21, 2017 at 9:00 a.m. Signed by Judge Ivan L.R. Lemelle on 6/6/2017.(mmv)

June 7, 2017

June 7, 2017

PACER
95

ORDER: IT IS ORDERED that the [91] motion is GRANTED. Pursuant to the agreement of the parties. IT IS FURTHER ORDERED that the fifth claim for relief in the first amended complaint (see Rec. Doc. 67 at 39-40) is hereby DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); IT IS FURTHER ORDERED that Defendant Bogalusa City Court is hereby DISMISSED, because there are no remaining claims related to that Defendant; IT IS FURTHER ORDERED that this Court retains jurisdiction to enforce the settlement agreement entered into by the parties (see Rec. Doc. 91-1) for a reasonable period of time. Signed by Judge Ivan L.R. Lemelle on 6/6/2017. (mmv)

June 7, 2017

June 7, 2017

PACER
96

Correction of Docket Entry by Clerk re [93] MOTION for Protective Order. **Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log-in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary.** (jls)

June 7, 2017

June 7, 2017

PACER
97

EXPARTE/CONSENT Second MOTION for Protective Order for the Production and Exchange of Confidential Information by Richard Bolgiano, Latasha Cook, Benny Graham, Robert Levi, James Lorio, Bradley Moses, Marisa Pam, Ebony Roberts, Rozzie Scott. Motion(s) referred to Michael North. (Attachments: # (1) Proposed Order with changes tracked, # (2) Proposed Order with changes accepted)(Brooke, Samuel) Modified text on 6/12/2017 (jls).

1 Proposed Order with changes tracked

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2 Proposed Order with changes accepted

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June 9, 2017

June 9, 2017

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: June 21, 2016

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who will appear in the Bogalusa City Court for criminal cases or who have unpaid fines and costs assessed by and owed to the City Court, who were or will be adjudicated guilty in the Bogalusa City Court, who have been or will be given a future date by which to return to City Court, and who have not paid the assessed fines and costs in full prior to returning to City Court, and/or have paid an extension fee between June 22, 2015 and the present.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Bogalusa City Court (Bogalusa), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $50/refund

Order Duration: 2016 - 2020

Content of Injunction:

Preliminary relief granted

Reporting

Recordkeeping

Required disclosure

Issues

General:

Conflict of interest

Courts

Funding

Poverty/homelessness