Case: Smith v. Board of Commissioners

Smith v. Board of Commissioners of the Louisiana

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

Smith v. Board of Commissioners of the Louisiana Stadium and Exposition District

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-6282042) filed by Nancy Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Board, # 3 Summons to France, # 4 Summons to SMG, # 5 Summons to Live Nation Marketing, Inc., # 6 Summons to Live Nation Mtours (USA), Inc., # 7 Summons to Live Nation Worldwide, Inc., # 8 Summons to Box Office Ticket Center, LLC)Attorney Jacqueline Kaye Hammack added to party Nancy Smith(pty:pla).(Hammack, Jacqueline) (Attachment 2 replaced on 8/1/2017) (clc). (Attachment 3 replaced on 8/1/2017) (clc). (Attachment 4 replaced on 8/1/2017) (clc). (Attachment 5 replaced on 8/1/2017) (clc). (Attachment 6 replaced on 8/1/2017) (clc). (Attachment 7 replaced on 8/1/2017) (clc). (Attachment 8 replaced on 8/1/2017) (clc). (Entered: 07/28/2017)

1 Civil Cover Sheet

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2 Summons to Board

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3 Summons to France

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4 Summons to SMG

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5 Summons to Live Nation Marketing, Inc.

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6 Summons to Live Nation Mtours (USA), Inc.

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7 Summons to Live Nation Worldwide, Inc.

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8 Summons to Box Office Ticket Center, LLC

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Initial Case Assignment to Judge Susie Morgan and Magistrate Judge Joseph C. Wilkinson, Jr. (jeg) (Entered: 07/28/2017)

Correction of Docket Entry by Clerk re 1 Complaint. **Filing attorney did not properly format the pdf of Summons. The pdf should not have the green header nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action.** (clc) (Entered: 08/01/2017)

Summons Issued as to Board of Commissioners of the Louisiana Stadium and Exposition District, Box Office Ticket Center, LLC, Kyle France, Live Nation Marketing, Inc., Live Nation Mtours (USA), Inc., Live Nation Worldwide, Inc., SMG. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(clc) (Entered: 08/02/2017)

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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First AMENDED COMPLAINT against Board of Commissioners of the Louisiana Stadium and Exposition District, Box Office Ticket Center, LLC, Kyle France, Live Nation Worldwide, Inc., SMG filed by Nancy Smith.(Hammack, Jacqueline) (Entered: 08/20/2017)

WAIVER OF SERVICE Returned Executed; waiver sent to Live Nation Worldwide, Inc. on 8/24/2017, answer due 10/23/2017. (Hammack, Jacqueline) (Entered: 09/01/2017)

SUMMONS Returned Executed; Board of Commissioners of the Louisiana Stadium and Exposition District served on 8/25/2017, answer due 9/15/2017. (Bizer, Andrew) (Entered: 09/11/2017)

SUMMONS Returned Executed; Kyle France served on 8/25/2017, answer due 9/15/2017. (Bizer, Andrew) (Entered: 09/11/2017)

SUMMONS Returned Executed; SMG served on 8/23/2017, answer due 9/13/2017. (Bizer, Andrew) (Entered: 09/11/2017)

ANSWER to 5 Amended Complaint and Affirmative Defenses by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG.Attorney Christopher Neal Walters added to party Board of Commissioners of the Louisiana Stadium and Exposition District(pty:dft), Attorney Christopher Neal Walters added to party Kyle France(pty:dft), Attorney Christopher Neal Walters added to party SMG(pty:dft).(Walters, Christopher) (Entered: 09/19/2017)

MOTION to Strike 10 Answer to Amended Complaint, by Nancy Smith. Motion(s) will be submitted on 11/1/2017. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "A." to Memorandum in Support, # 3 Notice of Submission, # 4 Proposed Order)(Hammack, Jacqueline) (Entered: 10/10/2017)

ORDER: The Court directs the parties to contact the Magistrate Judge assigned to this action within seven days of this date to schedule a conference to iscuss the entry of a case management order. Signed by Judge Susie Morgan on 10/16/2017.(clc) (Entered: 10/16/2017)

ANSWER to 5 Amended Complaint by Live Nation Worldwide, Inc..Attorney Richard G. Duplantier, Jr added to party Live Nation Worldwide, Inc.(pty:dft).(Duplantier, Richard) (Entered: 10/23/2017)

EXPARTE/CONSENT MOTION to Appear Pro Hac Vice For Robert S. Fine (Filing fee $ 100 receipt number 053L-6430590) by Live Nation Worldwide, Inc.. (Attachments: # 1 Exhibit A - Affidavit, # 2 Exhibit B - Certificate, # 3 Proposed Order)(Duplantier, Richard) (Entered: 10/23/2017)

ORDER: As ordered by Judge Morgan, Record Doc. No. 12, a Conference to discuss the entry of a case management order is set in this case on NOVEMBER 7, 2017 at 2:30 p.m. before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 10/24/2017.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 10/24/2017)

ORDER granting 14 Motion to Appear Pro Hac Vice as to Robert S. Fine. Signed by Judge Susie Morgan. (Attachments: # 1 Pro Hac Notice) (bwn) (Entered: 10/24/2017)

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: As ordered by Judge Morgan, Record Doc. No. 15, I conducted a case management conference on this date. As agreed to by plaintiff's counsel, plaintiff's pending 11 motion to strike affirmative defenses, is hereby dismissed without prejudice, reserving plaintiff's right to renotice the motion if this initial attempt at resolution is unsuccessful. I will conduct a follow-up telephone conference on December 20, 2017 at 2:00 p.m. during which counsel will advise me on the status of their discussions and settlement efforts as set forth in document.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 11/08/2017)

SHOW CAUSE ORDER: ORDERED that plaintiff show good cause in writing within twenty days why service of process has not been effected, or the unserved defendant will be dismissed without notice. Signed by Judge Susie Morgan on 11/21/2017.(clc) (Entered: 11/21/2017)

EXPARTE/CONSENT MOTION for Extension of Deadlines for Service on Box Office Ticket Center, LLC by Nancy Smith. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Proposed Order)(Hammack, Jacqueline) (Entered: 11/22/2017)

ORDER granting 19 Motion for Extension of Deadlines for Service. ORDERED that Plaintiff must obtain service, waiver of service, or the voluntary appearance of Box Office Ticket Center, LLC no later than December 2, 2017. Signed by Judge Susie Morgan on 11/27/2017. (clc) (Entered: 11/27/2017)

WAIVER OF SERVICE Returned Executed; waiver sent to Box Office Ticket Center, LLC on 11/13/2017, answer due 1/12/2018. (Hammack, Jacqueline) (Entered: 11/29/2017)

EXPARTE/CONSENT Joint MOTION to Dismiss Party Live Nation Worldwide, Inc. with Prejudice by Nancy Smith. (Attachments: # 1 Proposed Order)(Bizer, Andrew) (Entered: 12/07/2017)

ORDER granting 22 Motion to Dismiss Party. Party Live Nation Worldwide, Inc. dismissed. Signed by Judge Susie Morgan on 12/14/2017. (clc) (Entered: 12/15/2017)

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Telephone Conference held on 12/20/2017. The parties substantially complied with the court's prior order, Record Doc. No. 17, by obtaining the appearance of all proper parties, exchanging initial information and preliminarily conferring with each other. Further settlement efforts will proceed as follows: No later than January 22, 2018, counsel will continue their efforts to verify the basic facts and exchange the specific additional information discussed during the conference concerning the identity of the Superdome event staffer and the content of her communications with plaintiff. Counsel will then confer among themselves to determine whether the framework of an early settlement of this matter can be agreed upon and report to me on the results of their efforts during a telephone conference on January 29, 2018 at 10:30 a.m.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 12/20/2017)

SHOW CAUSE ORDER. Signed by Judge Susie Morgan on 1/18/2018.(clc) (Entered: 01/22/2018)

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: Settlement Conference held on 1/29/2018. ORDERED that the agreed-upon stay of all litigation activities previously imposed, Records Doc. No. 17, is hereby LIFTED. Litigation activities, including discovery, may commence. ORDERED that defendant Box Office must file its answer or responsive motion no later than 2/16/2018. (NEF: Sect E) (caa) (Entered: 01/29/2018)

NOTICE of Voluntary Dismissal Without Prejudice as to Box Office Ticket Center, LLC by Nancy Smith. (Hammack, Jacqueline) (Entered: 02/06/2018)

PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 2/22/2018 at 10:00 AM before case manager by telephone. Signed by Clerk.(bwn) (Entered: 02/08/2018)

SCHEDULING ORDER: Status Conference set for 4/10/2018 at 2:30 PM before Judge Susie Morgan. Final Pretrial Conference set for 1/31/2019 at 1:00 PM before Judge Susie Morgan. 3 Day Bench Trial set for 2/25/2019 at 9:00 AM before Judge Susie Morgan. All discovery must be completed by 12/17/2018. (Attachments: # 1 Pretrial Notice Form)(bwn) (Entered: 02/22/2018)

Minute Entry for proceedings held before Judge Susie Morgan: Status Conference held on 4/10/2018. (bwn) (Entered: 04/11/2018)

EXPARTE/CONSENT MOTION to Withdraw Counsel Marc P. Florman by Nancy Smith. (Attachments: # 1 Proposed Order)(Florman, Marc) Modified text on 10/12/2018 (sbs). (Entered: 10/11/2018)

ORDER granting 31 Motion to Withdraw as Attorney. Attorney Marc P. Florman terminated. Signed by Judge Susie Morgan on 10/12/2018. (jeg) (Entered: 10/12/2018)

Witness and Exhibit List by Nancy Smith. (Hammack, Jacqueline) (Entered: 11/27/2018)

Witness and Exhibit List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 11/27/2018)

ORDER re 33 Witness and Exhibit List filed by Nancy Smith, 34 Witness and Exhibit List filed by SMG, Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District - IT IS ORDERED that the parties file amended witness and exhibit lists incorporating the requirements described herein by Wednesday, December 5, 2018 at 5:00 p.m. Signed by Judge Susie Morgan.(bwn) (Entered: 11/29/2018)

Amended Witness and Exhibit List by Nancy Smith. (Hammack, Jacqueline) (Entered: 12/05/2018)

Amended Witness and Exhibit List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 12/05/2018)

ORDER: As ordered by Judge Morgan, Record Doc. No. 29, a Settlement Conference is set in this case on JANUARY 8, 2019 at 3:30 p.m., before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/14/2018.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 12/14/2018)

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Excess of the Page Limitations by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Motion for Summary Judgment, # 3 Proposed Pleading Memorandum in Support, # 4 Proposed Pleading Statement of Undisputed Facts, # 5 Proposed Pleading Exhibit List, # 6 Proposed Pleading Exhibit 1, # 7 Proposed Pleading Exhibit 2, # 8 Proposed Pleading Exhibit 3, # 9 Proposed Pleading Exhibit 4, # 10 Proposed Pleading Exhibit 5, # 11 Proposed Pleading Exhibit 6, # 12 Proposed Pleading Notice of Submission)(Walters, Christopher) Modified text on 12/26/2018 (mm). (Entered: 12/24/2018)

MOTION for Partial Summary Judgment as to SMG by Nancy Smith. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts, # 4 Exhibit A., # 5 Exhibit B., # 6 Exhibit C., # 7 Exhibit D., # 8 Exhibit E., # 9 Exhibit F., # 10 Exhibit G., # 11 Exhibit H.)(Hammack, Jacqueline) (Attachment 6 replaced on 12/26/2018) (mm). (Attachment 7 replaced on 12/26/2018) (mm). (Entered: 12/24/2018)

MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France by Nancy Smith. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Statement of Contested/Uncontested Facts, # 4 Exhibit A., # 5 Exhibit B., # 6 Exhibit C., # 7 Exhibit D., # 8 Exhibit E., # 9 Exhibit F., # 10 Exhibit G., # 11 Exhibit H.)(Hammack, Jacqueline) (Attachment 6 replaced on 12/26/2018) (mm). (Attachment 7 replaced on 12/26/2018) (mm). (Entered: 12/24/2018)

Correction of Docket Entry by Clerk re 40 MOTION for Partial Summary Judgment as to SMG., 41 Motion for Partial Summary Judgment. **Images in attachments 6 & 7 were filed sideways. Clerk has corrected images. Please adjust scanner for future filings. No further action necessary.** (mm) (Entered: 12/26/2018)

NOTICE: Because R. Docs. 40 and 41 contain more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of each submission in separate binders as set forth in notice. Signed by Clerk.(bwn) (Entered: 12/26/2018)

ORDER granting 39 Motion for Leave to File Memorandum In in Support of Defendants' Motion for Summary Judgment in Excess Pages. Signed by Judge Susie Morgan on 12/26/2018. (jeg) (Entered: 12/26/2018)

MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. Motion(s) will be submitted on 1/9/2019. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Notice of Submission)(jeg) (Entered: 12/26/2018)

NOTICE: Because R. Doc. 45 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn) (Entered: 12/27/2018)

EXPARTE/CONSENT Joint MOTION for Extension of Time to File Oppositions as to 40 MOTION for Partial Summary Judgment as to SMG, 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France, 45 MOTION for Summary Judgment by Nancy Smith, Board of Commissioners of the Louisiana Stadium and Exposition District, SMG. (Attachments: # 1 Proposed Order)(Hammack, Jacqueline) Modified filers on 12/28/2018 (mm). (Entered: 12/27/2018)

Amendment/Supplement to Document (Table of Contents & Table of Citations) by Nancy Smith re 40 MOTION for Partial Summary Judgment as to SMG (Hammack, Jacqueline) Modified text on 12/28/2018 (mm). (Entered: 12/27/2018)

Amendment/Supplement to Document (Table of Contents & Table of Citations) by Nancy Smith re 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France (Hammack, Jacqueline) Modified text on 12/28/2018 (mm). (Entered: 12/27/2018)

Correction of Docket Entry by Clerk re 47 Joint MOTION for Extension of Time to File Response/Reply. **Filing attorney did not enter additional filer(s) in the blank text box on the docket text screen. Clerk added filer(s).** (mm) (Entered: 12/28/2018)

Supplement to Memorandum in Support of 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) Modified text on 12/31/2018 (sbs). (Entered: 12/28/2018)

Supplement to Memorandum in Support re 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) Modified text on 12/31/2018 (sbs). (Entered: 12/28/2018)

ORDER granting 47 Motion for Extension of Time to File Oppositions as to 40 MOTION for Partial Summary Judgment as to SMG, 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France, 45 MOTION for Summary Judgment. The respective oppositions to the pending cross-Motions for Summary Judgment no later than January 9, 2019. Signed by Judge Susie Morgan. (bwn) (Entered: 01/02/2019)

ORDER: The court having been advised of defendants' settlement position, and to save plaintiff the time and expense of attending what appears to be a fruitless exercise, IT IS ORDERED that the settlement conference previously scheduled for January 8, 2019, is hereby CANCELLED, to be reset when all parties agree that they are prepared to discuss a possible compromise. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/7/2019. (mmv) (NEF: HON. SUSIE MORGAN) (Entered: 01/07/2019)

EXPARTE/CONSENT MOTION for Leave to Exceed Page Limitation to File Opposition to 45 Motion for Summary Judgment by Nancy Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit, # 4 Proposed Pleading Exhibit, # 5 Proposed Pleading Exhibit)(Hammack, Jacqueline) Modified text on 1/10/2019 (sbs). (Entered: 01/09/2019)

RESPONSE/MEMORANDUM in Opposition filed by SMG re 40 MOTION for Partial Summary Judgment as to SMG. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Walters, Christopher) (Entered: 01/09/2019)

RESPONSE/MEMORANDUM in Opposition filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France re 41 MOTION for Partial Summary Judgment as to the Board of Commissioners of the Louisiana Stadium and Exposition District and Kyle France. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Walters, Christopher) (Entered: 01/09/2019)

ORDER granting 55 Motion for Leave to Exceed Page Limitation. Signed by Judge Susie Morgan on 1/10/19. (sbs) (Entered: 01/10/2019)

RESPONSE/MEMORANDUM in Opposition filed by Nancy Smith re 45 MOTION for Summary Judgment. (Attachments: # 1 Response to Statement of Facts, # 2 Plaintiff's Statement of Facts, # 3 Exhibit)(sbs) (Entered: 01/10/2019)

EXPARTE/CONSENT Unopposed MOTION to Dismiss With Prejudice by Nancy Smith. (Attachments: # 1 Proposed Order)(Hammack, Jacqueline) Modified text on 1/11/2019 (sbs). (Entered: 01/11/2019)

ORDER re 57 Response/Memorandum in Opposition to Motion, filed by Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District, 56 Response/Memorandum in Opposition to Motion filed by SMG - IT IS ORDERED that, pursuant to Federal Rule of Civil Procedure 56(e)(1), Defendants file amended oppositions to Plaintiff's statements of uncontested facts by Wednesday, January 16, 2019. When denying a fact in Plaintiff's statements of uncontested facts, Defendants must include specific references to documents in the record that support their denial of the fact. It is insufficient to state only that a fact is "denied as written" without citations to record evidence. Signed by Judge Susie Morgan.(bwn) (Entered: 01/11/2019)

ORDER granting 60 Motion to Dismiss with Prejudice. IT IS HEREBY ORDERED that the claims herein are hereby dismissed with prejudice. Signed by Judge Susie Morgan. (bwn) (Entered: 01/14/2019)

Responses to Plaintiff's Statement of Uncontroverted Material Facts by SMG re 56 Response/Memorandum in Opposition to Motion. (Walters, Christopher) Modified text on 1/17/2019 (sbs). (Entered: 01/16/2019)

Responses to Plaintiff's statement of Uncontroverted Material Facts by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France re 57 Response/Memorandum in Opposition to Motion. (Walters, Christopher) Modified text on 1/17/2019 (sbs). (Entered: 01/16/2019)

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of 45 MOTION for Summary Judgment by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading Exhibit)(Walters, Christopher) Modified text on 1/23/2019 (sbs). (Entered: 01/23/2019)

ORDER granting 65 Motion for Leave to File Reply Memorandum in Support of 45 MOTION for Summary Judgment. Signed by Judge Susie Morgan. (bwn) (Entered: 01/24/2019)

REPLY to Response to Motion filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG re 45 MOTION for Summary Judgment. (Attachments: # 1 Exhibit)(bwn) (Entered: 01/24/2019)

ORDER - The pretrial conference currently set for Thursday, 1/31/2019 at 1:00 p.m. is CONTINUED to Friday, 2/1/2019 at 10:00 a.m. Signed by Judge Susie Morgan on 1/28/19.(sbs) (Entered: 01/28/2019)

Proposed Pretrial Order by Nancy Smith, SMG, Kyle France, Board of Commissioners of the Louisiana Stadium and Exposition District.(Bizer, Andrew) Modified filers 1/29/2019 (sbs). (Entered: 01/28/2019)

Minute Entry for proceedings held before Judge Susie Morgan: Final Pretrial Conference held on 2/1/2019. IT IS ORDERED that the parties comply with the pre-trial deadlines as set forth herein. (Attachments: # 1 Pretrial Notice Form) (bwn) (Entered: 02/01/2019)

ORDER: As ordered by Judge Morgan, Record Doc. No. 70, a Settlement Conference is set in this case on FEBRUARY 7, 2019, at 3:30 p.m. before Magistrate Judge Joseph C. Wilkinson, Jr., 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/4/2019.(mmv) (NEF: HON. SUSIE MORGAN) (Entered: 02/04/2019)

Supplemental Memorandum filed by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG, in Support of 45 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 7, # 2 Exhibit 8)(Walters, Christopher) (Entered: 02/07/2019)

Final Witness List by Nancy Smith. (Hammack, Jacqueline) (Entered: 02/07/2019)

Final Witness List by Board of Commissioners of the Louisiana Stadium and Exposition District, Kyle France, SMG. (Walters, Christopher) (Entered: 02/07/2019)

Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: A settlement conference was conducted on this date before the undersignedmagistrate judge. No settlement was reached. (mmv) (NEF: HON. SUSIE MORGAN) (Entered: 02/08/2019)

Supplemental Memorandum on the Source of LSED'S Funding filed by Nancy Smith re 45 MOTION for Summary Judgment. (Bizer, Andrew) Modified text on 2/11/2019 (sbs). (Entered: 02/11/2019)

ORDER - Due to a conflict in the Court's calendar, and with the consent of the parties; IT IS ORDERED that the trial in this matter currently set for February 25, 2019 is CONTINUED to March 11, 2019, at 9:00 a.m. IT IS FURTHER ORDERED that all deadlines leading up to the trial, beginning with the summary of what each party intends to prove, are amended as shown herein. The parties are to adhere to the amended deadlines. Signed by Judge Susie Morgan on 2/11/2019. (Attachments: # 1 Pretrial Notice Form)(bwn) (Entered: 02/12/2019)

Minute Entry for proceedings held before Judge Susie Morgan: Two telephone status conferences were held on February 14, 2019. Plaintiff will move for leave to substitute as a Defendant the Louisiana Stadium and Exposition District in place of the Board of Commissioners of the Louisiana Stadium and Exposition District by no later than Friday, February 15, 2019 at 5:00 p.m. Plaintiff will file a motion to expedite consideration of her motion for leave to substitute by no later than Friday, February 15, 2019 at 5:00 p.m. (clc) (Entered: 02/15/2019)

EXPARTE/CONSENT MOTION to Expedite 81 Motion to Substitute Party. Louisiana Stadium and Exposition District to be substituted in place of The Board of Commissioners of the Louisiana Stadium and Exposition District by Nancy Smith. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Memorandum in Support, # 4 Notice of Submission)(Bizer, Andrew) Modified text on 2/19/2019 (sbs). (Entered: 02/15/2019)

ORDER granting 78 Motion to Expedite. Defendants will file an opposition to Plaintiff's Motion to Substitute Party by no later than Tuesday, February 19, 2019, at 12:00 p.m. Signed by Judge Susie Morgan on 2/18/19.(tsf) (Entered: 02/18/2019)

MOTION to Substitute Party. Louisiana Stadium and Exposition District to be substituted in place of Board of Commissioners of the Louisiana Stadium and Exposition District by Nancy Smith. Motion(s) will be submitted on 3/6/2019. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission) (tsf) (Entered: 02/19/2019)

ORDER granting 81 Motion to Substitute Party. IT IS ORDERED that motion for leave to substitute as a Defendant the Louisiana Stadium and Exposition District in place of the Board of Commissioners of the Louisiana Stadium and Exposition District, filed by Plaintiff Nancy Smith, be and hereby is GRANTED. The Louisiana Stadium and Exposition District is hereby SUBSTITUTED as a Defendant in this action in place of the Board of Commissioners of the Louisiana Stadium and Exposition District. Signed by Judge Susie Morgan. (bwn) (Entered: 02/20/2019)

EXPARTE/CONSENT MOTION to Enroll Additional Counsel of Record Angela J. O'Brien by Kyle France, Louisiana Stadium and Exposition District, SMG. (Attachments: # 1 Proposed Order)(Walters, Christopher) Modified text on 3/4/2019 (sbs). (Entered: 03/01/2019)

Suggested Findings of Fact & Conclusions of Law by Nancy Smith. (Bizer, Andrew) (Entered: 03/01/2019)

Proposed Findings of Fact & Conclusions of Law by Kyle France, Louisiana Stadium and Exposition District, SMG. (Walters, Christopher) (Entered: 03/01/2019)

PRETRIAL MEMORANDUM by Kyle France, Louisiana Stadium and Exposition District, SMG. (Walters, Christopher) (Entered: 03/01/2019)

ORDER AND REASONS - IT IS ORDERED that the [40, 41] motions for summary judgment, filed by Plaintiff Nancy Smith be and hereby are GRANTED IN PART with respect to Plaintiff's standing to seek injunctive relief under Title II of the ADA against Defendants the Louisiana Stadium and Exposition District and Kyle France, sued in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, and under Title III of the ADA against Defendant SMG. IT IS FURTHER ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and France, be and hereby is DENIED IN PART with respect to Plaintiff's standing to sue for injunctive relief. Signed by Judge Susie Morgan. (bwn) (Entered: 03/06/2019)

ORDER - IT IS ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby is GRANTED IN PART. Judgment is entered in favor of the Louisiana Stadium and Exposition District with respect to the claims against it for damages and injunctive relief and in favor of France with respect to the claims against him for damages. Signed by Judge Susie Morgan.(bwn) (Entered: 03/06/2019)

ORDER granting 83 Motion to Enroll Attorney Angela J. O'Brien as Additional Counsel of Record for Kyle France, Louisiana Stadium and Exposition District, and SMG. Signed by Judge Susie Morgan. (bwn) (Entered: 03/06/2019)

ORDER AND REASONS - IT IS ORDERED that the 45 motion for summary judgment, filed by Defendants SMG, the Louisiana Stadium and Exposition District, and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby is GRANTED IN PART. The Louisiana Stadium and Exposition District is entitled to sovereign immunity on Plaintiff's claims for damages and injunctive relief against it under Title II of the Americans with Disabilities Act. France is entitled to sovereign immunity on Plaintiff's claim for damages against him under Title II of the Americans with Disabilities Act, but not on Plaintiff's claim for injunctive relief against him under Title II of the Americans with Disabilities Act. Signed by Judge Susie Morgan.(bwn) (Entered: 03/07/2019)

ORDER AND REASONS - IT IS ORDERED that the remaining portions of the [40, 41, 45] cross-motions for summary judgment, filed by Plaintiff Nancy Smith and Defendants SMG and Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District, be and hereby are DENIED. Signed by Judge Susie Morgan.(bwn) (Entered: 03/07/2019)

PRETRIAL ORDER. Signed by Judge Susie Morgan.(bwn) (Entered: 03/11/2019)

Minute Entry for proceedings held before Judge Susie Morgan: Bench Trial held and completed on 3/11/2019. (Court Reporter Mary Thompson.) (bwn) (Entered: 03/11/2019)

Trial Exhibit List. (bwn) (Entered: 03/11/2019)

Original Trial Exhibits for trial held on March 11, 2019 before Judge Susie Morgan. NOTE: This document will only be accessible to the attorneys in the case. The general public will NOT be able to view this document. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 15)(bwn) (Entered: 03/26/2019)

FINDINGS OF FACT AND CONCLUSIONS OF LAW - The Court finds that Plaintiff Nancy Smith is entitled to recover from Defendant SMG $20,000 in damages for emotional distress. The Court further finds Plaintiff is entitled to injunctive relief, attorneys' fees, and costs against SMG and against Defendant Kyle France, in his official capacity as Chairman of the Board of Commissioners of the Louisiana Stadium and Exposition District. The Court will enter a judgment to that effect by separate order. Parties to further comply as stated herein. Signed by Judge Susie Morgan on 5/14/2019.(sbs) (Entered: 05/14/2019)

MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses by Nancy Smith. Motion(s) will be submitted on 6/19/2019. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Bizer, Andrew) (Main Document 97 replaced on 5/22/2019) (sbs). Modified text on 5/22/2019 (sbs). (Entered: 05/22/2019)

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

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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Correction of Docket Entry by Clerk

Correction of Docket Entry by Clerk re 97 MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses. **Motion contained an error. Corrected motion subsequently provided to clerk. Clerk replaced motion with corrected version. No further action necessary.** (sbs) (Entered: 05/22/2019)

Correction of Docket Entry by Clerk re 97 MOTION to Fix Attorney' Fees, Costs, and Other Litigation Expenses. **This motion should have been referred to the Magistrate Judge, Joseph C. Wilkinson, Jr. Clerk took corrective action and referred the motion and reset the submission date for 6/19/2019.** (sbs) (Entered: 05/23/2019)