Case: Humphrey v. LeBlanc

3:20-cv-00233 | U.S. District Court for the Middle District of Louisiana

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This entry includes two putative class action lawsuits challenging Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences. In Humphrey v. LeBlanc, on April 15, 2020, three former prisoners filed a putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by the civil rights firm Loevy & Loevy, local counsel, and the Promise of Justice Initiative, a public interest group, the…

This entry includes two putative class action lawsuits challenging Louisiana's alleged practice of detaining prisoners longer than necessary after those prisoners receive "time-served" sentences.

In Humphrey v. LeBlanc, on April 15, 2020, three former prisoners filed a putative class action lawsuit in the U.S. District Court for the Middle District of Louisiana. Represented by the civil rights firm Loevy & Loevy, local counsel, and the Promise of Justice Initiative, a public interest group, the plaintiffs sued the Secretary of the Louisiana Department of Public Safety and Corrections (DOC), under 42 U.S.C. § 1983 and Louisiana state law. The plaintiffs sought compensatory and punitive damages for their alleged over-detentions.

All three named plaintiffs received sentences that were already complete upon sentencing due to the time they had already served prior to conviction. However, all three were held in DOC custody for weeks after their sentencing due to slow processing. Plaintiffs alleged that this constituted an illegal depravation of freedom under the 14th Amendment's due process clause. Moreover, plaintiffs alleged that the DOC has subjected "thousands" of criminal defendants in like situations to similar unlawful imprisonments and that the department's Secretary was "deliberately indifferent" to these alleged violations.

The case was assigned to U.S. District Judge John Wheadon deGravelles, sitting in Baton Rouge, LA. 

On December 3, 2020, seemingly prompted by this lawsuit, the U.S. Department of Justice launched an investigation under the Civil Rights of Institutionalized Persons Act into Louisiana's prisoner release practices.

After various discovery disputes, the plaintiffs filed their motion to certify class on July 21, 2022. The proposed class was: “all persons who have been remanded to the custody of the DOC since April 16, 2019, and who were entitled to release at the time of their remand (either pursuant to sentencing or parole revocation), but who were released by the DOC more than 48 hours past the time that they were remanded to the DOC’s custody.”

On January 25, 2023, the Department of Justice issued its report, finding that from January 2022 to April 2022, 27 percent of the people who were legally entitled to be released from state custody, some for minor crimes or first-time offenses, were held past their release dates. About 24 percent of those improperly detained had been held 90 days or longer past their release dates. The Department of Justice found that these violations of people’s due process rights were “severe, systemic, and [were] both caused and perpetuated by serious ongoing deficiencies in LDOC’s policies and practices.”

On February 28, 2023, the parties met with the Court for a status conference regarding the DOJ report, but the parties declined to hold a settlement conference. The parties continued to engage in discovery. 

Giroir v. LeBlanc was a similar putative class action lawsuit filed on February 19, 2021 in the U.S. District Court in the Middle District of Louisiana by one of the plaintiffs in Humphrey, represented by the same counsel. The Giroir plaintiff raised the same claims as the Humphrey plaintiffs, but sought declaratory and injunctive relief instead of monetary relief. Giroir was also assigned to Judge deGravelles. On May 5, 2021, Judge deGravelles agreed to consolidate the two cases (Humphrey v. LeBlanc and Giroir v. LeBlanc) for discovery purposes only. 

The defendants in Giroir moved to dismiss on April 9, 2021. The court ruled on the motion on March 30 of the following year, granting it in part and denying it in part. The court dismissed any claims from proposed class members sentenced prior to February 17, 2020 because they were barred by the statute of limitations. However, the court denied the motion to dismiss the claim for injunctive relief because the plaintiff had alleged enough facts to support that claim. 2022 WL 969614.

As of December 25, 2023, the cases were ongoing, with motions to certify the class pending in both.

Summary Authors

Sean Drohan (6/1/2021)

Venesa Haska (12/18/2023)

Related Cases

CRIPA Investigation of Louisiana Department of Public Safety and Corrections, No Court (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17072951/parties/humphrey-v-leblanc/


Judge(s)

DeGravelles, John Wheadon (Louisiana)

Attorney for Plaintiff

Bosalavage, Samantha Nicole (Louisiana)

Chervinsky, Sarah (Louisiana)

Comeau, Claude-Michael (Louisiana)

Attorney for Defendant

Blanchfield, Andrew (Louisiana)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

3:20-cv-00233

3:21-cv-00108

Docket [PACER]

May 17, 2021

May 17, 2021

Docket
1

3:20-cv-00233

Class Action Complaint

Humphrey v. Leblanc

April 15, 2020

April 15, 2020

Complaint
11

3:20-cv-00233

Amended Class Action Complaint

May 15, 2020

May 15, 2020

Complaint
1

3:21-cv-00108

Class Action Complaint

Giroir v. LeBlanc

Feb. 19, 2021

Feb. 19, 2021

Complaint
43

3:20-cv-00233

Second Amended Class Action Complaint

Humphrey v. Leblanc

April 29, 2021

April 29, 2021

Complaint
45

3:21-cv-00108

Ruling And Order

Giroir v. LeBlanc

March 30, 2022

March 30, 2022

Order/Opinion

2022 WL 2022

46

3:21-cv-00108

Amended Class Action Complaint

Giroir v. LeBlanc

April 27, 2022

April 27, 2022

Complaint
104

3:20-cv-00233

Plaintiffs' Motion for Class Certification

July 21, 2022

July 21, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17072951/humphrey-v-leblanc/

Last updated March 17, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against James M LeBlanc ( Filing fee $ 400 receipt number ALAMDC-2101906.), filed by Brian Humphrey. (Attachments: # 1 Attachment Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Attachment Summons)(Montagnes, Mercedes) (Attachments 1 & 19 replaced on 4/16/2020) (EDC). (EDC). Modified on 4/16/2020 to flatten pages. (EDC). (Attachments 8 & 9 replaced on 4/16/2020) (EDC). Modified on 4/16/2020 in accordance with record document 5.(EDC). (Attachment 8 replaced on 4/17/2020 in accordance with RD 5) (SWE). (Entered: 04/15/2020)

1 Attachment Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Attachment Summons

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April 15, 2020

April 15, 2020

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2

MOTION to Substitute Exhibit by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment)(Montagnes, Mercedes) (Entered: 04/16/2020)

1 Proposed Pleading;

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2 Attachment

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April 16, 2020

April 16, 2020

RECAP

Order on Motion to Substitute Pleading (In Order to Correct Deficiency)

April 16, 2020

April 16, 2020

PACER
3

Letter to Attorney Mercedes Montagnes regarding Sarah Chervinsky who is Co-Counsel for party Brian Humphrey. Attorney is not admitted to practice in LAMD. (EDC) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
4

Summons Issued as to James LeBlanc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP

MOTION(S) REFERRED: 2 MOTION to Substitute Exhibit . This motion is now pending before the USMJ. (EDC)

April 16, 2020

April 16, 2020

PACER
5

ORDER granting 2 MOTION to Substitute Exhibit. The Clerk's office is directed to substitute Rec Doc 1-8 with 2-1. Signed by Magistrate Judge Scott D. Johnson on 4/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
6

SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 6/25/2020 at 09:30 AM in chambers before Magistrate Judge Scott D. Johnson. Status Report due by 6/11/2020. Signed by Magistrate Judge Scott D. Johnson on 4/22/2020. (KAH) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
7

MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110967) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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May 8, 2020

May 8, 2020

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8

MOTION for Michael Kanovitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110968) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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May 8, 2020

May 8, 2020

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9

MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110969) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/08/2020)

1 Attachment Declaration

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2 Exhibit Certificate of Good Standing

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3 Attachment Proposed Order

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May 8, 2020

May 8, 2020

RECAP

MOTION(S) REFERRED: 8 MOTION for Michael Kanovitz to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110968), 9 MOTION for Stephen Weil to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110969), 7 MOTION for Sarah Grady to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2110967). This motion is now pending before the USMJ. (LT)

May 8, 2020

May 8, 2020

PACER
10

SUMMONS Returned Executed by Brian Humphrey. James LeBlanc served on 4/28/2020, answer due 5/19/2020. (Kumar, Nishi) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

RECAP
11

AMENDED COMPLAINT against James LeBlanc, filed by Brian Humphrey. (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 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Attachment Summons)(Kumar, Nishi) (Entered: 05/15/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Attachment Summons

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May 15, 2020

May 15, 2020

Clearinghouse
12

Summons Issued as to James LeBlanc. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (KMW) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
13

ORDER granting 7, 8 and 9 Motions for Sarah Grady, Michael Kanovitz and Stephen Weil to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 5/19/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Order on Motion to Appear Pro Hac Vice

May 19, 2020

May 19, 2020

PACER
14

Ex Parte MOTION for Extension of Time to File Answer to 11 Amended Complaint, 1 Complaint,,, by James LeBlanc. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 05/21/2020)

1 Attachment Proposed Order

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May 21, 2020

May 21, 2020

PACER

MOTION(S) REFERRED: 14 Ex Parte MOTION for Extension of Time to File Answer to 11 Amended Complaint, 1 Complaint,,, . This motion is now pending before the USMJ. (EDC)

May 21, 2020

May 21, 2020

PACER
15

ORDER: Defendant's 14 Ex Parte Motion for Extension of Time is GRANTED. Defendant now has until June 9, 2020 to respond to Plaintiff's Complaint. Signed by Magistrate Judge Scott D. Johnson on 5/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Order on Motion for Extension of Time to Answer

May 28, 2020

May 28, 2020

PACER
16

SUMMONS Returned Executed by Brian Humphrey. James LeBlanc served on 5/22/2020, answer due 6/12/2020. (Kumar, Nishi) (Main Document 16 replaced on 6/4/2020) (EDC). Modified on 6/4/2020 to rotate pages.(EDC). (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
17

ANSWER to 11 Amended Complaint, by James LeBlanc.(Blanchfield, Andrew) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
18

Joint STATUS REPORT by Brian Humphrey. (Grady, Sarah) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
19

MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2127852) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

MOTION(S) REFERRED: 19 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2127852). This motion is now pending before the USMJ. (KMW)

June 16, 2020

June 16, 2020

PACER
20

NOTICE to Counsel: The Scheduling Conference set for 6/25/2020 at 09:30 AM is hereby CONVERTED to a Telephone Conference for 6/25/2020 at 09:30 AM. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
21

ORDER granting 19 Motion for Rebecca Ramaswamy to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 6/18/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

1 - Terminate Deadlines and Hearings

June 18, 2020

June 18, 2020

PACER

Order on Motion to Appear Pro Hac Vice

June 18, 2020

June 18, 2020

PACER
22

Minute Entry for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 6/25/2020. Parties discussed the status of this matter and a scheduling order will be issued separately. (LT) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
23

SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 1/15/2021. F.R.C.P. 26(a)(1) disclosures due by 6/18/2020. Discovery due by 3/26/2021. Plaintiff`s Expert Witness List due by 2/15/2021. Defendant`s Expert Witness List due by 3/15/2021. Plaintiff`s Expert Reports due by 4/1/2021. Defendant`s Expert Reports due by 5/1/2021. Plaintiffs shall file a Motion for Conditional Class Certification of Collective Action and for Notice to Prospective Class Members by 7/15/2021. Opposition due by Defendant by 8/15/2021. Reply due by Plaintiff by 8/30/2021. Discovery from Experts due by 6/15/2021. Signed by Magistrate Judge Scott D. Johnson on 6/26/2020. (EDC) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
24

MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2137700) by Brian Humphrey. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER

MOTION(S) REFERRED: 24 MOTION for John Hazinski to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2137700). This motion is now pending before the USMJ. (LT)

July 7, 2020

July 7, 2020

PACER
25

ORDER granting 24 Motion for John Hazinski to Appear Pro Hac Vice. Signed by Magistrate Judge Scott D. Johnson on 7/7/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

Order on Motion to Appear Pro Hac Vice

July 7, 2020

July 7, 2020

PACER
26

Ex Parte MOTION to Enroll Sarah Chervinksy as Additional Attorney by Brian Humphrey. (Attachments: # 1 Proposed Order)(Most, William) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

MOTION(S) REFERRED: 26 Ex Parte MOTION to Enroll Sarah Chervinksy as Additional Attorney . This motion is now pending before the USMJ. (KMW)

July 14, 2020

July 14, 2020

PACER
27

ORDER granting 26 Ex Parte Motion to Enroll as Additional Counsel of Record. Added attorney Sarah Chervinsky for Brian Humphrey. Signed by Magistrate Judge Scott D. Johnson on 7/14/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER

Order on Motion to Enroll Additional Attorney

July 14, 2020

July 14, 2020

PACER
28

STRICKEN FROM THE RECORD MOTION for Extension of Time To Respond to Plaintiff's First Set of Requests for Production of Documents by James LeBlanc. (Attachments: # 1 Attachment Proposed Order, # 2 Exhibit A - Plaintiff's 1st Set of Requests for Production, # 3 Exhibit B - Email from counsel)(Blanchfield, Andrew) Modified on 8/19/2020 STRICKEN AS ORDERED (ELW). (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

MOTION(S) REFERRED: 28 MOTION for Extension of Time To Respond to Plaintiff's First Set of Requests for Production of Documents. This motion is now pending before the USMJ. (KMW)

July 23, 2020

July 23, 2020

PACER
29

NOTICE of TELEPHONE CONFERENCE: A Telephone Conference is set for 8/7/2020 at 10:00 AM before Magistrate Judge Scott D. Johnson to discuss Defendant's pending Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents (R. Doc. 28). Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial in information prior to the conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
30

Unopposed MOTION to Dismiss Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents by James LeBlanc. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

MOTION(S) REFERRED: 30 Unopposed MOTION to Dismiss Motion for Extension of Time to Respond to Plaintiff's First Set of Requests for Production of Documents. This motion is now pending before the USMJ. (SWE)

Aug. 6, 2020

Aug. 6, 2020

PACER
31

ORDER: Defendants Motion to Dismiss 30 is GRANTED. The Clerk of Court is instructed to strike Defendants Motion for Extension of Time to Respond to Plaintiffs First Set of Requests for Production of Documents 28 from the record. The teleconference scheduled before this Court on August 7, 2020, is hereby canceled. Signed by Magistrate Judge Scott D. Johnson on 8/6/2020. (ELW) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

Terminate Hearings (ELW)

Aug. 6, 2020

Aug. 6, 2020

PACER
32

Unopposed MOTION for Entry of Stipulated Protective Order with Consent by James LeBlanc. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Stipulated Protective Order)(Jones, Christopher) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER

MOTION(S) REFERRED: 32 Unopposed MOTION for Entry of Stipulated Protective Order with Consent . This motion is now pending before the USMJ. (SWE)

Oct. 13, 2020

Oct. 13, 2020

PACER
33

ORDER granting 32 Unopposed Motion for Entry of Stipulated Protective Order With Consent. Signed by Magistrate Judge Scott D. Johnson on 11/2/2020. (KAH) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

RECAP
34

Consent MOTION for Extension of Discovery Deadlines by Brian Humphrey. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

MOTION(S) REFERRED: 34 Consent MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (ELW)

Jan. 15, 2021

Jan. 15, 2021

PACER
35

ORDER granting 34 Unopposed Motion for Enlargement of Case Schedule. Amended Pleadings due by 4/15/2021. Discovery pertaining to issue of conditional class certification due by 6/25/2021. Plaintiff`s Expert Witness List due by 5/14/2021. Defendant`s Expert Witness List due by 6/15/2021. Plaintiff`s Expert Reports due by 7/1/2021. Defendant`s Expert Reports due by 8/2/2021. Discovery from Experts due by 9/15/2021. Motions for Conditional Class Certification of Collective Action and for Notice to Prospective Class Members shall be filed by 10/15/2021. Responses to Motion for Conditional Class Certification shall be filed by 11/15/2021. Reply shall be filed by 11/30/2021. Signed by Magistrate Judge Scott D. Johnson on 1/19/2021. (SWE) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER
36

MOTION to Compel Production of CAJUN Data by Brian Humphrey. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Hazinski, John) ( # 9 Exhibit) (LLH). Modified on 7/27/2021 to add additional exhibit as per Order #54 (LLH). (Entered: 02/22/2021)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit

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Feb. 22, 2021

Feb. 22, 2021

PACER

MOTION(S) REFERRED: 36 MOTION to Compel Production of CAJUN Data. This motion is now pending before the USMJ. (SWE)

Feb. 23, 2021

Feb. 23, 2021

PACER
37

MEMORANDUM in Opposition to 36 MOTION to Compel Production of CAJUN Data filed by James LeBlanc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1-A, # 3 Exhibit 2, # 4 Exhibit 2-A)(Blanchfield, Andrew) (Entered: 03/15/2021)

1 Exhibit 1

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2 Exhibit 1-A

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3 Exhibit 2

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4 Exhibit 2-A

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March 15, 2021

March 15, 2021

PACER
38

Unopposed MOTION for Leave to File a Reply Brief in Support of Motion to Compel the Production of CAJUN Data by Brian Humphrey. (Attachments: # 1 Exhibit A. Reply Brief)(Hazinski, John) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER

MOTION(S) REFERRED: 38 Unopposed MOTION for Leave to File a Reply Brief in Support of Motion to Compel the Production of CAJUN Data . This motion is now pending before the USMJ. (EDC)

March 23, 2021

March 23, 2021

PACER
39

ORDER granting 38 Unopposed Motion for Leave to File a Reply Brief. The Clerk of Court will file Plaintiff's Reply Brief in Support of Motion to Compel the Production of CAJUN Data (R. Doc. 38-1, pages 2-8) into the record. Signed by Magistrate Judge Scott D. Johnson on 3/23/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
40

REPLY Brief in Support of 36 MOTION to Compel Production of CAJUN Data filed by Brian Humphrey. (EDC) (Entered: 03/24/2021)

March 23, 2021

March 23, 2021

PACER

Order on Motion for Leave to File

March 23, 2021

March 23, 2021

PACER
41

Unopposed MOTION for Extension of Time Join Other Parties or to Amend Complaint (Unopposed) by Brian Humphrey. (Attachments: # 1 Exhibit 1)(Weil, Stephen) (Entered: 04/15/2021)

April 15, 2021

April 15, 2021

PACER

MOTION(S) REFERRED: 41 Unopposed MOTION for Extension of Time Join Other Parties or to Amend Complaint (Unopposed). This motion is now pending before the USMJ. (EDC)

April 16, 2021

April 16, 2021

PACER
42

ORDER: Plaintiff's 41 Unopposed Motion for Extension of Time to Join Other Parties or to Amend Complaint is GRANTED. For good cause shown, the deadline to join other parties or amend the pleadings is now April 29, 2021. Signed by Magistrate Judge Scott D. Johnson on 4/19/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER

Order on Motion for Extension of Time

April 19, 2021

April 19, 2021

PACER
43

SECOND AMENDED CLASS COMPLAINT against James LeBlanc, filed by Brian Humphrey. (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 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Weil, Stephen) Modified on 4/30/2021 to edit docket text (SWE). (Entered: 04/29/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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April 29, 2021

April 29, 2021

Clearinghouse
44

ANSWER to 43 Second Amended Complaint,, by James LeBlanc.(Blanchfield, Andrew) Modified on 5/12/2021 to edit text (LLH). (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
45

Unopposed MOTION for Extension of Time to Identify Experts by All Plaintiffs. (Weil, Stephen) Modified on 5/17/2021 to edit the docket text (KMW). (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

MOTION(S) REFERRED: 45 Unopposed MOTION for Extension of Time to Identify Experts. This motion is now pending before the USMJ. (KMW)

May 17, 2021

May 17, 2021

PACER
46

ORDER granting 45 Unopposed Motion for Extension of Time to Identify Experts. Signed by Judge John W. deGravelles on 5/17/2021. (SWE) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
47

Unopposed MOTION for Enlargement of Case Schedule by All Plaintiffs. (Weil, Stephen) Modified on 6/28/2021 to edit text. (EDC). (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

MOTION(S) REFERRED: 47 Unopposed MOTION for Enlargment of Case Schedule. This motion is now pending before the USMJ. (EDC)

June 28, 2021

June 28, 2021

PACER
48

ORDER: A Telephone Status Conference is set for July 6, 2021, at 2:00 p.m. before Magistrate Judge Scott D. Johnson to discuss the motion for extension of the class certification deadlines filed by Plaintiffs. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial-in information prior to the conference. Signed by Magistrate Judge Scott D. Johnson on 6/29/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

PACER

~Util - Set Hearings AND Order

June 29, 2021

June 29, 2021

PACER
49

Unopposed MOTION to Continue Telephone Status Conference by James LeBlanc. (Attachments: # 1 Attachment Proposed Order)(Blanchfield, Andrew) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

MOTION(S) REFERRED: 49 Unopposed MOTION to Continue Telephone Status Conference . This motion is now pending before the USMJ. (ELW)

July 1, 2021

July 1, 2021

PACER
50

ORDER: Defendant's 49 Unopposed Motion to Continue Telephone Status Conference is GRANTED. The Telephone Status Conference originally scheduled for July 6, 2021, at 2:00 p.m. is hereby rescheduled to July 13, 2021, at 1:30 p.m. before Magistrate Judge Scott D. Johnson to discuss the motion for extension of the class certification deadlines requested by Plaintiffs. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial-in information prior to the conference. Signed by Magistrate Judge Scott D. Johnson on 7/1/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER

Order on Motion to Continue

July 1, 2021

July 1, 2021

PACER
51

ORDER: For good cause shown, Plaintiffs' 47 Unopposed Motion for Enlargement of Case Schedule is GRANTED. The Parties now have until August 17, 2021, to complete fact discovery relating to class certification. Further, all expert report, expert discovery, and motion deadlines set forth in R. Doc. 47 are hereby vacated, to be reset at a Telephone Status Conference set for August 10, 2021, at 10:00 a.m. before Magistrate Judge Scott D. Johnson. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial-in information prior to the conference. Signed by Magistrate Judge Scott D. Johnson on 7/13/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KAH) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
52

Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Status Conference held on 7/13/2021. The parties discussed the status of discovery in this matter as well as the 47 Unopposed Motion for Enlargement of Case Schedule. The Court will issue a ruling on that motion separately. (SWE) Modified on 7/13/2021 to edit the text (SWE). (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER

~Util - Terminate Motions AND Order

July 13, 2021

July 13, 2021

PACER
53

Unopposed MOTION for Leave to Supplement Memorandum in Support of 36 Motion to Compel the Production of CAJUN Data by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Proposed Order))(Hazinski, John) Modified on 7/23/2021 to create document linkage (ELW). (Entered: 07/22/2021)

July 22, 2021

July 22, 2021

PACER

MOTION(S) REFERRED: 53 Unopposed MOTION for Leave to Supplement Memorandum in Support of Motion to Compel the Production of CAJUN Data. This motion is now pending before the USMJ. (ELW)

July 23, 2021

July 23, 2021

PACER
54

ORDER: Plaintiffs' 53 Unopposed Motion for Leave to Supplement Memorandum in Support of Motion to Compel the Production of CAJUN Data is GRANTED. The Clerk of Court will add the Exhibit found at R. Doc. 53-1 to R. Doc. 36. Signed by Magistrate Judge Scott D. Johnson on 7/26/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER

Order on Motion for Leave

July 26, 2021

July 26, 2021

PACER
55

Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Telephone Conference held on 8/10/2021. The parties discussed the status of discovery in this matter. A follow-up status conference is set for Wednesday, September 1, 2021, at 3:00 p.m. to discuss the status of CAJUN data production by Plaintiff and to reset certain deadlines related to class certification. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial-in information prior to the conference. (KAH) Modified on 8/11/2021 to correct conference date (KAH). (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
56

ORDER granting in part and denying in part 36 Motion to Compel the Production of CAJUN Data. Plaintiff's Motion to Compel is GRANTED as to Requests for Production Nos. 1, 2, and 3, and Defendant is ordered to provide the CAJUN data requested in those three discovery requests. Plaintiff's Motion to Compel is DENIED as to Request for Production No. 4. Defendant is further ORDERED to commence its efforts to compile the responsive information immediately. A Status Conference will be held at 3:00 p.m. on September 1, 2021, at which time Defendant will report to the Court on its efforts to compile the responses ordered herein. Based upon the information provided at the Status Conference, the Court will establish deadlines for discovery and other activities related to class certification. Signed by Magistrate Judge Scott D. Johnson on 8/11/2021. (KAH) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

RECAP
57

MOTION to Compel Defendant's Discovery Responses by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Hazinski, John) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER

MOTION(S) REFERRED: 57 MOTION to Compel Defendant's Discovery Responses. This motion is now pending before the USMJ. (LLH)

Aug. 17, 2021

Aug. 17, 2021

PACER
58

OBJECTION to a Magistrate Judge's Order (Rule 72a) re 56 Order on Motion to Compel by James LeBlanc filed by James LeBlanc. (Attachments: # 1 Affidavit)(Blanchfield, Andrew) Modified on 8/26/2021 to edit the text (NLT). (Entered: 08/25/2021)

1 Affidavit

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Aug. 25, 2021

Aug. 25, 2021

RECAP
59

Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson: Status Conference held on 9/1/2021. The parties discussed the status of discovery in this matter, as well as the impact of Hurricane Ida on Defendant's efforts to respond to discovery. Defendant reported to the Court on its efforts to compile the responses ordered in Rec. Doc. 56. Defendant will continue its efforts to produce the requested information in the coming weeks. After Defendant's initial, partial production of records, the parties will confer on efficient methods for gathering and producing additional responsive records. A follow-up telephone status conference is set for Thursday, September 30, 2021, at 3:00 p.m. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial-in information prior to the conference. (KAH) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
60

MEMORANDUM in Opposition to 57 MOTION to Compel Defendant's Discovery Responses filed by James LeBlanc. (Attachments: # 1 Exhibit 1)(Blanchfield, Andrew) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
61

RESPONSE to 58 OBJECTION to a Magistrate Judge's Order (Rule 72a) re 56 Order on Motion to Compel,,, by James LeBlanc filed by All Plaintiffs. (Hazinski, John) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
62

RULING ON APPEAL : The 58 Objection to a Magistrate Judge's Order (Rule 72a Non Dispositive) is OVERRULED, and the said 56 Order of Magistrate Judge Scott D. Johnson is hereby AFFIRMED. Signed by Judge John W. deGravelles on 9/21/2021. (LLH) (Entered: 09/21/2021)

Sept. 21, 2021

Sept. 21, 2021

PACER
63

Minute Entry for proceedings held before Magistrate Judge Scott D. Johnson. Status Conference held on 10/1/2021. Defendants are in the process of providing the data ordered by the Court (R. Doc. 56), and the parties confirmed they are working together to determine the most efficient way for Defendants to provide the necessary CAJUN data. (ELW) Modified on 10/4/2021 to edit the file date and add spaces (NLT). (Entered: 10/01/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
64

ORDER: The 57 Motion to Compel Defendant's Discovery Responses filed by Plaintiffs is GRANTED IN PART, DENIED IN PART, and DENIED WITHOUT PREJUDICE IN PART. A telephone status conference is set in this case for November 17, 2021, at 2:00 p.m. to reset deadlines related to class certification. Counsel participating in the Conference shall call using the AT&T Teleconference System five minutes prior to the conference. Counsel will receive a separate e-mail containing dial- in information prior to the conference. Signed by Magistrate Judge Scott D. Johnson on 11/9/2021. (KAH) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

RECAP
65

MOTION for John Hazinski to Withdraw as Attorney by All Plaintiffs. (Grady, Sarah) (Entered: 11/15/2021)

Nov. 15, 2021

Nov. 15, 2021

PACER

MOTION(S) REFERRED: 65 MOTION for John Hazinski to Withdraw as Attorney . This motion is now pending before the USMJ. (EDC)

Nov. 16, 2021

Nov. 16, 2021

PACER
67

Minute Entry/Order for proceedings held before Magistrate Judge Scott D. Johnson. Telephone Conference held on 11/17/2021. The parties discussed the status of the case and resetting deadlines related to classcertification. Discovery pertaining to the issue of conditional class certification due by 1/7/2022. Expert reports for class certification must be submitted to opposing parties due by Plaintiff(s) on 2/18/2022. Plaintiffs to file a Motion for Conditional Class Certification of Collective Actionand for Notice to Prospective Class Members by 6/10/2022. Objections due by 7/11/2022. Reply due by 7/26/2022. Discovery from Experts of class certification must be completed by 4/15/2022. (ELW) (Entered: 11/18/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
66

ORDER denying 65 Motion to Withdraw John Hazinski as Attorney. Signed by Magistrate Judge Scott D. Johnson on 11/18/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KAH) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons remanded to Louisiana DOC's custody who were entitled to immediate release but were not for more than 48 hours.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Louisiana Department of Public Safety & Corrections, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Over/Unlawful Detention