Herrin v. East Baton Rouge Sheriff's Office et al
Plaintiff: Herrin, Douglas F. Herrin, II, Candace Herrin Williams and Bonnie Blalock
Defendant: East Baton Rouge Sheriff's Office, East Baton Rouge Parish Prison, City of Baton Rouge/Parish of East Baton Rouge, XYZ Insurance Company, Nurse A. Scott, Unknown Nurse, Frank Harry, Sid J. Gautreaux, III and Alicia Scott
Case Number: 3:2015cv00082
Filed: February 13, 2015
Court: US District Court for the Middle District of Louisiana
Office: Baton Rouge Office
Presiding Judge: Shelly D Dick
Referring Judge: Erin Wilder-Doomes
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2018 Opinion or Order Filing 180 FINAL ORDER OF DISMISSAL granting #179 Joint Motion for Final Dismissal. Signed by Judge Shelly D. Dick on 1/12/2018. (KAH)
January 10, 2018 Filing 179 Joint MOTION for Final Dismissal by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Proposed Pleading; Proposed Order)(St. Pierre, Catherine) Modified to edit the text on 1/11/2018 (KAH).
November 7, 2017 Filing 178 Telephone Conference Report/Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 11/7/2017. Counsel discussed with the undersigned their concerns regarding the Receipt and Release. Counsel will continue to discuss the matter in an effort to resolve any remaining issues. (BLR)
November 7, 2017 Filing 177 NOTICE of TELEPHONE CONFERENCE: The Telephone Conference is set for 11/7/2017 at 10:00 AM has been CONTINUED to 03:00 PM before Magistrate Judge Erin Wilder-Doomes. NOTE: THIS IS A TIME CHANGE ONLY. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
November 3, 2017 Filing 176 NOTICE of TELEPHONE CONFERENCE: In light of the #175 Letter a Telephone Conference is set for 11/7/2017 at 10:00 AM before Magistrate Judge Erin Wilder-Doomes. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
November 3, 2017 Filing 175 Letter dated 11/3/2017 from Catherine S. St. Pierre to Judge Wilder-Doomes Re: settlement approval. (BLR) Modified to edit typo on 11/6/2017 (SGO).
October 23, 2017 Opinion or Order Filing 174 ORDER : This action is hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated. Signed by Judge Shelly D. Dick on 10/23/2017. (LLH)
October 23, 2017 Filing 173 NOTICE of Settlement by Bonnie Blalock, Candace Herrin Williams (Grodner, Donna)
June 14, 2017 Filing 172 REPLY MEMORANDUM in Support of #160 MOTION to Strike filed by Douglas F. Herrin, II. (EDC)
June 14, 2017 Opinion or Order Filing 171 ORDER granting #170 Motion to Withdraw. #163 Plaintiff's Reply Memorandum is to be substituted with [170-2] Plaintiff's Motion for Leave and [170-4] Plaintiff's Reply Memorandum is to be filed into the record of these proceedings. Signed by Judge Shelly D. Dick on 6/14/2017. (EDC)
June 12, 2017 Filing 170 MOTION to Withdraw #163 REPLY Memorandum in Support and Substitute with Motion for Leave of Court to File Reply Memorandum In Support of Motion to Strike Exhibits Attached to Defendants Reply Memorandum In Support of Summary Judgment filed by Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Proposed Pleading;, #4 Proposed Pleading;)(Grodner, Donna). Added MOTION to Substitute on 6/13/2017 (KAH). Modified on 6/13/2017 to edit the text and event type (KAH).
May 22, 2017 Filing 169 Exhibit to #164 Reply to #151 MOTION to Strike Exhibits Attached to Defendants Motion for Summary Judgment by All Plaintiffs. (KAH)
May 22, 2017 Opinion or Order Filing 168 ORDER granting #165 MOTION for Leave to file exhibits in support of Plaintiff's Reply Memorandum in Support of Motion to Strike Exhibits Attached to Defendant's Motion for Summary Judgment. Signed by Judge Shelly D. Dick on 5/22/2017. (KAH)
May 15, 2017 Filing 167 SUR OPPOSITION to REPLY Memorandum in support of #149 MOTION for Summary Judgment filed by Douglas F. Herrin, II. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(ELW)
May 15, 2017 Opinion or Order Filing 166 ORDER granting #161 MOTION for Leave to File Sur - Opposition to RD 158 filed by Candace Herrin Williams, Douglas F. Herrin, II, Bonnie Blalock. Signed by Judge Shelly D. Dick on 05/15/2017. (ELW)
May 12, 2017 Filing 165 MOTION for Leave to Attach Exhibit by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Exhibit)(Grodner, Donna)
May 11, 2017 Filing 164 REPLY Memorandum in Support of #151 MOTION to Strike Exhibits Attached to Motion for Summary Judgment filed by Bonnie Blalock, Douglas F. Herrin, II, Candace Herrin Williams. (Grodner, Donna) Modified on 5/12/2017 to edit the text (KAH). Modified on 5/18/2017 to edit the text (KAH).
May 11, 2017 Filing 163 Motion for Leave of Court to File REPLY Memorandum in Support of #160 MOTION to Strike Exhibits Attached to MOTION for Summary Judgment filed by Bonnie Blalock, Douglas F. Herrin, II, Candace Herrin Williams. (Grodner, Donna) Modified on 5/12/2017 to edit the text (KAH). Modified to edit text on 5/17/2017 (SGO). Modified on 5/18/2017 to edit the text (KAH). (Main Document 163 replaced on 6/14/2017) (EDC). Modified on 6/14/2017 in accordance with record document 171. (EDC). Modified on 6/14/2017 to edit text. (EDC).
May 3, 2017 Filing 162 MEMORANDUM in Opposition to #160 MOTION to Strike Ex 1 and Ex 3 filed by Sid J. Gautreaux, III, Frank Harry. (St. Pierre, Catherine)
May 1, 2017 Filing 161 MOTION for Leave to File Sur - Opposition to RD 158 by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit Candace Williams declaration, #4 Exhibit Certificate of death, #5 Exhibit Haslom depo, #6 Exhibit Haslom depo Ex D-5, #7 Exhibit Haslom depo Ex P-1, #8 Exhibit Hyde depo, #9 Exhibit Hyde depo Ex D-4, #10 Exhibit Ottenson depo, #11 Exhibit Ottenson depo Ex P-4, #12 Exhibit Kent Mayeaux declaratoin)(Grodner, Donna)
April 30, 2017 Filing 160 MOTION to Strike Ex 1 and Ex 3 by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna)
April 27, 2017 Filing 159 MEMORANDUM in Opposition to #151 MOTION to Strike #147 Exhibits Attached to Defendant's Motion for Summary Judgment filed by Sid J. Gautreaux, III, Frank Harry. (St. Pierre, Catherine) Modified to edit text on 5/2/2017 (SGO).
April 20, 2017 Filing 158 REPLY MEMORANDUM in Support of #149 MOTION for Summary Judgment filed by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 exhibit, #2 exhibit, #3 exhibit)(EDC)
April 20, 2017 Opinion or Order Filing 157 ORDER granting #156 Motion for Leave to File Excess Pages. Signed by Judge Shelly D. Dick on 4/20/17. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
April 18, 2017 Filing 156 MOTION for Leave to File Excess Pages of Reply Memorandum in Support of Motion for Summary Judgment by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Proposed Pleading; Proposed Reply Memo, #2 Exhibit Proposed Exhibit, #3 Exhibit Proposed Exhibit, #4 Exhibit Proposed Exhibit, #5 Proposed Pleading; Proposed Order)(St. Pierre, Catherine)
April 11, 2017 Filing 155 MEMORANDUM in Opposition to #149 MOTION for Summary Judgment filed by Bonnie Blalock, Douglas F. Herrin, II, Candace Herrin Williams. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(LLH)
April 11, 2017 Filing 154 NOTICE of Briefing Schedule on #151 MOTION to Strike Certain exhibits offered on MSJ : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(DCB)
April 11, 2017 Opinion or Order Filing 153 ORDER granting #152 MOTION for Leave to File Opp to MSJ in excess of page limitation filed by Candace Herrin Williams, Bonnie Blalock. Signed by Judge Shelly D. Dick on 4/11/17. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
April 7, 2017 Filing 152 MOTION for Leave to File Opp to MSJ in excess of page limitation by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Statement of Undisputed Facts)(Grodner, Donna) (Attachment 5 replaced on 4/7/2017) (ELW). Modified on 4/7/2017 to rotate pages (ELW).
April 7, 2017 Filing 151 MOTION to Strike Exhibits Attached to Defendants Motion for Summary Judgment by Candace Herrin Williams. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Exhibit)(Grodner, Donna) Modified on 4/7/2017 to edit text (ELW).
March 22, 2017 Filing 150 NOTICE of Briefing Schedule on #149 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
March 17, 2017 Filing 149 MOTION for Summary Judgment by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support)(NLT)
March 17, 2017 Opinion or Order Filing 148 ORDER granting #146 Motion for Leave to File Excess Pages. Signed by Judge Shelly D. Dick on 03/17/2017. (EDC)
March 15, 2017 Filing 147 NOTICE of Filing Exhibits to #149 Memorandum in Support of Motion for Summary Judgment [Doc 146-3] by Sid J. Gautreaux, III, Frank Harry re #146 MOTION for Leave to File Excess Pages of Memorandum in Support of Motion for Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(St. Pierre, Catherine) Modified on 3/20/2017 (NLT).
March 15, 2017 Filing 146 MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess Pages of by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Attachment Motion for Summary Judgment, #2 Statement of Undisputed Facts Statement of Undisputed Facts, #3 Memorandum in Support Memorandum in Support of Motion for Summary Judgment, #4 Proposed Pleading; Proposed Order re Motion for Leave, #5 Proposed Pleading; Proposed Order re Motion for Summary Judgment)(St. Pierre, Catherine) Modified on 3/16/2017 to edit text (ELW).
October 24, 2016 Opinion or Order Filing 145 ORDER granting #144 Motion to Withdraw #143 MOTION to Compel Discovery Responses. Signed by Magistrate Judge Erin Wilder-Doomes on 10/24/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
October 20, 2016 MOTION(S) REFERRED: #144 MOTION to Withdraw #143 MOTION to Compel Discovery Responses . This motion is now pending before the USMJ. (ELW)
October 19, 2016 Filing 144 MOTION to Withdraw #143 MOTION to Compel Discovery Responses by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Proposed Order)(St. Pierre, Catherine)
September 30, 2016 Filing 143 MOTION to Compel Discovery Responses by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Attachment)(St. Pierre, Catherine)
September 30, 2016 MOTION(S) REFERRED: #143 MOTION to Compel Discovery Responses. This motion is now pending before the USMJ. (ELW)
August 17, 2016 Filing 142 Supplemental Memorandum in Support of #114 Motion to Dismiss by City of Baton Rouge/Parish of East Baton Rouge (NLT)
August 17, 2016 Filing 141 RULING Adopting #132 Report and Recommendation of the U.S. Magistrate Judge.The #114 Motion to Dismiss is GRANTED, dismissing any claims asserted against the City of Baton Rouge/Parish of East Baton Rouge based on 42 U.S.C. 1983 with prejudice and dismissing the state-law negligence claim asserted against the City/Parish without prejudice. FURTHER the #126 Motion for Leave to File Amendment to Pending Motion to Dismiss is GRANTED. Signed by Judge Shelly D. Dick on 08/11/2016. (NLT)
August 3, 2016 Filing 140 REPLY to #134 Objection to #132 REPORT AND RECOMMENDATIONS regarding #114 MOTION to Dismiss filed by City of Baton Rouge/Parish of East Baton Rouge, Alicia Scott. (LLH)
August 3, 2016 Opinion or Order Filing 139 ORDER granting #138 MOTION for Leave to File Reply to Plaintiffs' Objection to Report and Recommendation filed by City of Baton Rouge/Parish of East Baton Rouge. Signed by Judge Shelly D. Dick on 8/3/16. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
July 28, 2016 Motions No Longer Referred: #138 MOTION for Leave to File Reply to Plaintiffs' Objection to Report and Recommendation . This motion is now pending before the USDJ. (EDC)
July 26, 2016 Filing 138 MOTION for Leave of Court to File Reply Memorandum by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Andrews, Arthur) Modified to edit text and create docket relationship 7/27/2016 (BLR).
July 26, 2016 MOTION(S) REFERRED: #138 MOTION for Leave to File Reply to Plaintiffs' Objection to Report and Recommendation . This motion is now pending before the USMJ. (EDC)
July 21, 2016 Opinion or Order Filing 137 ORDER denying as moot #130 Plaintiff's [sic] Motion to Compel Discovery Responses, based on the #136 Notice to the Court Concerning [RD 133], filed by Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 07/21/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EWD)
July 21, 2016 Filing 136 NOTICE of Compliance to the Court Concerning [RD 133] by Bonnie Blalock, Douglas F. Herrin, II, Candace Herrin Williams to 133 Notice to Counsel, (Grodner, Donna) Modified on 7/22/2016 to edit text.(EDC).
July 21, 2016 Filing 135 Notice Setting Trial and Related Deadlines: Jury Trial set for 12/4/2017 at 09:00 AM in Courtroom 3 before Judge Shelly D. Dick. Affidavit of Settlement Efforts due by 10/23/2017. Pretrial Conference set for 11/14/2017 at 02:30 PM in chambers before Judge Shelly D. Dick. All other trial deadlines are set as stated in the attached notice. (DCB)
July 20, 2016 Filing 134 OBJECTION to #132 Report and Recommendations filed by All Plaintiffs. (Grodner, Donna)
July 7, 2016 Filing 133 Notice to Counsel: In light of the representations in the #131 Response in Opposition to Plaintiff's Motion to Compel Discovery Responses that complete discovery responses have been provided, plaintiffs' counsel shall advise the court in writing within 14 days from the date of this Notice whether the #130 Motion to Compel Discovery Responses is now moot.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EWD)
July 6, 2016 Filing 132 REPORT AND RECOMMENDATIONS regarding #114 MOTION to Dismiss filed by City of Baton Rouge/Parish of East Baton Rouge, East Baton Rouge Parish Prison and #126 MOTION for Leave to File Amendment to Pending Motion to Dismiss filed by City of Baton Rouge/Parish of East Baton Rouge. It is the recommendation of the Magistrate Judge that the #114 Motion to Dismiss should be GRANTED, dismissing any claims asserted against the City of Baton Rouge/Parish of East Baton Rouge based on 42 U.S.C. 1983 with prejudice and dismissing the state-law negligence claim asserted against the City/Parish without prejudice. It is also recommended that the #126 Motion for Leave to File Amendment to Pending Motion to Dismiss should be GRANTED. Objections to R&R due by 7/25/2016. Signed by Magistrate Judge Erin Wilder-Doomes on 7/6/2016. (LLH)
June 30, 2016 Filing 131 RESPONSE in Opposition to #130 MOTION to Compel Discovery Responses filed by City of Baton Rouge/Parish of East Baton Rouge. (Andrews, Arthur)
June 23, 2016 MOTION(S) REFERRED: #130 MOTION to Compel . This motion is now pending before the USMJ. (EDC)
June 22, 2016 Filing 130 Motion to Compel Discovery Responses by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Proposed Pleading; Certificate, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Grodner, Donna) Modified on 6/23/2016 to edit text.(EDC).
May 12, 2016 Filing 129 MEMORANDUM in Opposition to #114 MOTION to Dismiss , #126 MOTION for Leave to File Amendment to Pending Motion to Dismiss filed by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Exhibit)(Grodner, Donna)
May 3, 2016 Filing 128 ANSWER to #96 Amended Complaint by Sid J. Gautreaux, III, Frank Harry.(St. Pierre, Catherine)
April 25, 2016 MOTION(S) REFERRED: #126 MOTION for Leave to File Amendment to Pending Motion to Dismiss . This motion is now pending before the USMJ. (NLT)
April 22, 2016 Opinion or Order Filing 127 ORDER : The #114 MOTION to Dismiss filed by City of Baton Rouge/Parish of East Baton Rouge, East Baton Rouge Parish Prison is referred to the United States Magistrate Judge for a Report and Recommendation. Signed by Judge Shelly D. Dick on 4/22/2016. (LLH)
April 22, 2016 Filing 126 MOTION for Leave to File Amendment to Pending Motion to Dismiss by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Proposed Pleading;, #4 Proposed Pleading;)(Andrews, Arthur)
April 20, 2016 Filing 125 RULING granting #122 Motion to Continue Motions for Summary Judgment and #123 Motion for Expedited Consideration. The pending #53 , #111 Motions for Summary Judgment are DENIED without prejudice to the right of Defendants to refile and/or supplement these motions at the appropriate time. Signed by Judge Shelly D. Dick on 4/20/2016. (LLH) Modified on 4/20/2016 to edit text (LLH).
April 19, 2016 Filing 124 MEMORANDUM in Opposition to #122 MOTION to Continue Motion for Summary Judgment filed by Sheriff Sid Gautreaux and Deputy Harry filed by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(St. Pierre, Catherine)
April 14, 2016 Filing 123 MOTION for Expedited Consideration on #122 MOTION to Continue Motion for Summary Judgment filed by Sheriff Sid Gautreaux and Deputy Harry by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) Modified on 4/18/2016 to edit text (LLH).
April 14, 2016 Filing 122 MOTION to Continue Motion for Summary Judgment filed by Sheriff Sid Gautreaux and Deputy Harry by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Memorandum in Support, #2 Attachment Certificate, #3 Attachment Objection, #4 Proposed Pleading;)(Grodner, Donna)
April 12, 2016 Filing 121 MEMORANDUM in Opposition to #111 MOTION for Summary Judgment filed by Bonnie Blalock, Candace Herrin Williams. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit Ex 1 Deposition of Linda Otteson, #3 Exhibit Ex 2 Medical Record Produced during Deposition)(Grodner, Donna)
April 5, 2016 Opinion or Order Filing 119 ORDER denying as moot #115 MOTION for Leave to File supplement on mtn to compel RD 106 with discovery response recieved filed by Candace Herrin Williams, Douglas F. Herrin, II, Bonnie Blalock. The court denied the #106 Motion to Compel as moot 117 on the basis that the #106 Motion to Compel sought to compel production of information to assist plaintiffs in locating defendant Alicia Scott so that she could be served with the summons and complaint in this matter. On April 4, 2016, the defendant City of Baton Rouge/Parish of East Baton Rouge filed a #116 Suggestion of Death Upon the Record as to Alicia R. Hunt Scott indicating that defendant Alicia Scott is deceased. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Wilder-Doomes, Erin)
April 5, 2016 Opinion or Order Filing 118 ORDER denying as moot #110 Motion for Extension of Time. The Motion for Extension of Time seeks additional time to effect service of the summons and complaint as to defendant Alicia Scott, whom plaintiffs have been unable to locate. On April 4, 2016, the defendant City of Baton Rouge/Parish of East Baton Rouge filed a Suggestion of Death Upon the Record #116 as to Alicia R. Hunt Scott indicating that defendant Alicia Scott is deceased. Signed by Magistrate Judge Erin Wilder-Doomes on 04/05/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Wilder-Doomes, Erin)
April 5, 2016 Opinion or Order Filing 117 ORDER denying as moot #106 Motion to Compel. The Motion to Compel seeks to compel production of information to assist plaintiffs in locating defendant Alicia Scott so that she may be served with the summons and complaint in this matter. On April 4, 2016, the defendant City of Baton Rouge/Parish of East Baton Rouge filed a Suggestion of Death Upon the Record #116 as to Alicia R. Hunt Scott indicating that defendant Alicia Scott is deceased. Signed by Magistrate Judge Erin Wilder-Doomes on 04/05/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Wilder-Doomes, Erin)
April 4, 2016 Filing 120 Minute Entry/ORDER for proceedings held before Magistrate Judge Erin Wilder-Doomes: Scheduling Conference held on 4/4/2016. Amended Pleadings due by 5/2/2016. Joinder of Parties due by 5/2/2016. Discovery due by 9/30/2016. F.R.C.P. 26(a)(1) disclosures due by 4/15/2016. Plaintiff`s Expert Witness List due by 11/1/2016. Defendant`s Expert Witness List due by 12/1/2016. Plaintiff`s Expert Reports due by 12/1/2016. Defendant`s Expert Reports due by 1/2/2017. Discovery from Experts due by 2/15/2017. Motions shall be filed by 4/14/2017. (SGO)
April 4, 2016 Filing 116 SUGGESTION OF DEATH Upon the Record as to Alicia R. Hunt Scott by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Exhibit)(Andrews, Arthur)
April 4, 2016 Filing 115 MOTION for Leave of Court to File supplement Memorandum in Support of Plaintiff's Motion to Compel Discovery Responses by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Exhibit)(Grodner, Donna) Modified on 4/5/2016 to edit text (ELW). Modified on 4/11/2016 to restrict view of documents denied leave to file, per Order #119(JDL).
April 4, 2016 Filing 114 MOTION to Dismiss by City of Baton Rouge/Parish of East Baton Rouge, East Baton Rouge Parish Prison. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Andrews, Arthur)
March 29, 2016 Filing 113 NOTICE of Briefing Schedule on #111 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
March 29, 2016 Filing 112 Notice to Counsel: The Scheduling Conference set for 4/4/2016 at 03:30 PM before Magistrate Judge Erin Wilder-Doomes is CONVERTED to a telephone conference. Counsel for defendant, Frank Harry, shall initiate the call to all counsel then contact the court at 225-389-3584. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO)
March 28, 2016 Filing 111 MOTION for Summary Judgment by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Exhibit A- Affidavit of Frank Harry, #4 Exhibit B- Affidavit of Kellie Jolivette, #5 Exhibit C- Affidavit of Dennis Grimes, #6 Proposed Order)(St. Pierre, Catherine)
March 25, 2016 MOTION(S) REFERRED: #110 MOTION for Extension of Time to Serve Defendant Nurse Scott. This motion is now pending before the USMJ. (LLH)
March 24, 2016 Filing 110 MOTION for Extension of Time to Serve Defendant Nurse Scott by Bonnie Blalock, Douglas F. Herrin, II, Candace Herrin Williams. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Grodner, Donna)
March 24, 2016 Filing 109 RULING denying #58 Motion to Dismiss Based Upon Prescription. Signed by Judge Shelly D. Dick on 03/23/2016. (NLT)
March 22, 2016 Filing 108 Summons Returned Unexecuted by Bonnie Blalock, Candace Herrin Williams, Douglas F. Herrin, II as to Alicia Scott. (Grodner, Donna)
March 22, 2016 Filing 107 Summons Returned Unexecuted by Bonnie Blalock, Candace Herrin Williams, Douglas F. Herrin, II as to Alicia Scott. (Grodner, Donna)
March 21, 2016 Filing 106 MOTION to Compel City of Baton Rouge to provide discovery responses so that Alicia Scott may be located by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Attachment)(Grodner, Donna)
March 21, 2016 MOTION(S) REFERRED: #106 MOTION to Compel City of Baton Rouge to provide discovery responses so that Alicia Scott may be located. This motion is now pending before the USMJ. (NLT)
March 17, 2016 Opinion or Order Filing 105 ORDER granting #102 MOTION to Strike 98 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M). Signed by Judge Shelly D. Dick on 3/17/2016. (BLR)
March 16, 2016 Opinion or Order Filing 104 ORDER granting #97 Motion to Strike 95 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) from the record. Signed by Judge Shelly D. Dick on 3/15/2016. (LLH)
March 16, 2016 Filing 103 STATUS REPORT by All Plaintiffs. (Grodner, Donna)
March 16, 2016 Filing 102 MOTION to Strike 98 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Memorandum in Support)(Andrews, Arthur)
March 15, 2016 Filing 101 NOTICE of Briefing Schedule on 98 MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
March 14, 2016 Filing 100 Notice to Counsel: At the request of the parties, the Scheduling Conference is RESET for 4/4/2016 at 3:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. THIS IS A TIME CHANGE ONLY. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
March 14, 2016 Filing 99 Notice to Counsel: At the request of plaintiff's counsel, the Scheduling Conference is RESET for 4/4/2016 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. The Status Report deadline remains 3/16/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO)
March 14, 2016 Filing 98 STRICKEN FROM THE RECORD MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support)(Andrews, Arthur) Modified to remove the document as it has been stricken in accordance with record document #105 on 3/17/2016 (BLR).
March 14, 2016 Filing 97 MOTION to Strike 95 Motion to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Memorandum in Support)(Andrews, Arthur)
March 14, 2016 Filing 95 STRICKEN FROM THE RECORD MOTION to Dismiss Pursuant to Federal Rules of Civil Procedure Article 4 (M) by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: # 1 Memorandum in Support)(Andrews, Arthur) Modified on 3/16/2016 to remove document as it has been stricken as per Order #104 (LLH).
March 11, 2016 Filing 96 AMENDED COMPLAINT for Damages Survival and Wrongful Death Actions against All Defendants, filed by Candace Herrin Williams, Douglas F. Herrin, II., Bonnie Blalock.(JDL)
March 11, 2016 Filing 94 Notice to Counsel: Scheduling Conference set for 3/30/2016 at 11:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/16/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO)
March 11, 2016 Opinion or Order Filing 93 ORDER dismissing #88 Motion for Status Conference. The court will issue a separate notice to counsel setting a scheduling conference and status report deadline. Signed by Magistrate Judge Erin Wilder-Doomes on 3/11/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
March 11, 2016 Opinion or Order Filing 92 ORDER granting #87 MOTION to Withdraw #86 MOTION to Extend Deadlines. Signed by Magistrate Judge Erin Wilder-Doomes on 3/11/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
March 11, 2016 Opinion or Order Filing 91 ORDER granting #85 MOTION to Withdraw #84 MOTION for Extension of Discovery Deadlines RD 84, 84-1, 84-2. Signed by Magistrate Judge Erin Wilder-Doomes on 3/11/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
March 11, 2016 Opinion or Order Filing 90 ORDER granting #67 MOTION for Leave to File The Amended Complaint/Wrongful Death and Survival Actions obo Hayes Herrin and Alyssa Blalock filed by Candace Herrin Williams, Douglas F. Herrin, II. Signed by Magistrate Judge Erin Wilder-Doomes on March 11, 2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Wilder-Doomes, Erin)
March 10, 2016 Filing 89 Summons Issued as to Alicia Scott. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH)
March 9, 2016 MOTION(S) REFERRED: #86 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)
March 9, 2016 MOTION(S) REFERRED: #88 MOTION for status Conference . This motion is now pending before the USMJ. (LLH)
March 9, 2016 MOTION(S) REFERRED: #87 MOTION to Withdraw #86 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)
March 9, 2016 MOTION(S) REFERRED: #85 MOTION to Withdraw #84 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)
March 8, 2016 Filing 88 MOTION for Status Conference by Douglas F. Herrin, II. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna)
March 8, 2016 Filing 87 MOTION to Withdraw #86 MOTION to Extend Deadlines by Douglas F. Herrin, II. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) Modified on 3/9/2016 to edit text (LLH).
March 8, 2016 Filing 86 MOTION for Extension of Deadlines by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Attachment 7.6 certificate)(Grodner, Donna) Modified on 3/9/2016 to edit text (LLH).
March 8, 2016 Filing 85 MOTION to Withdraw #84 MOTION for Extension of Discovery Deadlines RD 84, 84-1, 84-2 by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) Modified on 3/9/2016 to edit text(LLH).
March 8, 2016 Filing 84 MOTION for Extension of Time for Service by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Grodner, Donna) Modified on 3/8/2016 to edit text (LLH).
March 8, 2016 MOTION(S) REFERRED: #84 MOTION for Extension of Discovery Deadlines . This motion is now pending before the USMJ. (LLH)
March 2, 2016 Opinion or Order Filing 83 ORDER: The #82 Unopposed Motion to Amend Caption shall be treated as a Motion to Substitute Party. The motion is granted and Nurse A. Scott shall be substituted with Alicia Scott. Signed by Magistrate Erin Wilder-Doomes on 3/2/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
February 12, 2016 Filing 82 MOTION to Amend Caption by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna) Modified on 2/12/2016 to edit text (ELW).
February 12, 2016 MOTION(S) REFERRED: #82 MOTION to Amend #67 MOTION for Leave to File The Amended Complaint/Wrongful Death and Survival Actions obo Hayes Herrin and Alyssa Blalock to correct name in caption. This motion is now pending before the USMJ. (ELW)
February 8, 2016 Filing 81 Summons Not Issued: Counsel has requested issuance of a summons for Alicia Scott. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (NLT)
February 8, 2016 Filing 80 Summons Submitted (Grodner, Donna)
February 1, 2016 Filing 79 Summons Issued as to Nurse A. Scott. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH)
February 1, 2016 Filing 78 Summons Submitted (Grodner, Donna)
January 26, 2016 Filing 77 REPLY Memorandum in Support of #53 MOTION for Summary Judgment filed by Sid J. Gautreax, III in his Official Capacity as Sheriff of East Baton Rouge Parish, Deputy Frank Harry. (LLH)
January 26, 2016 Opinion or Order Filing 76 ORDER granting #75 MOTION for Leave to File Reply Brief in Excess of Page Limitation into the record of these proceedings. Signed by Judge Shelly D. Dick on 1/26/2016. (LLH)
January 19, 2016 Filing 75 MOTION for Leave to File Reply Brief in Excess of Page Limitation by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Proposed Pleading;, #2 Order)(Erlingson, Mary)
January 7, 2016 Filing 74 MEMORANDUM in Opposition to #58 MOTION to Dismiss Based Upon Prescription filed by All Plaintiffs. (Grodner, Donna)
January 7, 2016 Filing 73 MEMORANDUM in Opposition to #53 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Statement of Undisputed Facts opp to statement of facts, #10 Attachment declaration FRCP 56(d))(Grodner, Donna) Modified to rotate pages on 1/8/2016 (BCL).
January 7, 2016 Opinion or Order Filing 72 NOTICE: Pursuant to General Order 2016-02, this case is reassigned from Magistrate Judge Stephen C. Riedlinger to Magistrate Judge Erin Wilder-Doomes. Signed by Chief Judge Brian A. Jackson on 1/4/2016. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO)
December 28, 2015 Filing 71 RULING: CONSIDERING the foregoing #69 Motion for Extension of Time for Service and exercising the discretion provided by Rule 4(m), Fed.R.Civ. P., the motion is hereby GRANTED. Plaintiff is granted until March 28, 2016, to serve defendant Nurse A. Scott and file a return of service in the record. Signed by Magistrate Judge Stephen C. Riedlinger on 12/28/2015. (BCL)
December 28, 2015 Opinion or Order Filing 70 RULING: CONSIDERING the foregoing #68 Motion for Leave to Subpoena State Board of Nursing the motion is hereby DENIED as unnecessary. Rule 45, Fed.R.Civ.P., does not require a court order for a party to issue a subpoena to a non-party, such as the Louisiana State Board of Nursing, seeking either testimony or production of a document that will provide the address of defendant Nurse Alice Scott. Signed by Magistrate Judge Stephen C. Riedlinger on 12/28/2015. (BCL)
December 28, 2015 Filing 69 MOTION for Extension of Time for Service on Defendant Alice Scott by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Grodner, Donna)
December 28, 2015 Filing 68 MOTION for Leave to Subpoena Louisiana Board of Nursing by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Proposed Pleading;)(Grodner, Donna)
December 28, 2015 MOTION(S) REFERRED: #68 MOTION for Leave to Subpoena Louisiana Board of Nursing , #69 MOTION for Extension of Time for Service on Defendant Alice Scott. This motion is now pending before the USMJ. (BCL)
December 23, 2015 MOTION(S) REFERRED: #67 MOTION for Leave to File The Amended Complaint/Wrongful Death and Survival Actions obo Hayes Herrin and Alyssa Blalock . This motion is now pending before the USMJ. (ELW)
December 22, 2015 Filing 67 MOTION for Leave of Court to File The Amended Complaint for Damages Survival and Wrongful Death Actions by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Proposed Pleading;)(Grodner, Donna) Modified on 12/23/2015 to edit text (ELW).
December 22, 2015 Filing 66 Summons Returned Unexecuted by Douglas F. Herrin, II as to Nurse A. Scott. (Grodner, Donna)
December 22, 2015 Filing 65 Summons Issued as to Nurse A. Scott. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (BCL)
December 22, 2015 Filing 64 Summons Submitted (Grodner, Donna)
December 16, 2015 Filing 63 NOTICE of Briefing Schedule on #58 MOTION to Dismiss Based Upon Prescription : Opposition to the motion shall be filed on or before 1/15/16 and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
December 16, 2015 Opinion or Order Filing 62 RULING granting Plaintiff's #61 MOTION for Reconsideration of #54 Ruling filed by Candace Herrin Williams. The Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions is now GRANTED, IN PART AND DENIED IN PART. Candace Herrin Williams is joined as a plaintiff, in her capacity as the representative of Hayes Herrin. IT IS ORDERED that, within 14 days from the date of this ruling, Williams and Blalock file a comprehensive amended complaint that makes all factual allegations necessary to support the claims made, as described. FURTHER ORDERED that the time set in the previous Ruling on Motion to Substitute and to File Second Amended Complaint for Damages, which required Blalock to file an amended complaint, is extended to the 15 days from the date of this ruling. Signed by Magistrate Judge Stephen C. Riedlinger on 12/15/2015. (JDL)
December 15, 2015 MOTION(S) REFERRED: #61 MOTION for Reconsideration of #54 Ruling. This motion is now pending before the USMJ. (JDL)
December 14, 2015 Filing 61 MOTION for Reconsideration of #54 Ruling by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Attachment)(Grodner, Donna) Modified on 12/15/2015 to edit text (JDL).
December 14, 2015 Opinion or Order Filing 60 ORDER granting #59 Motion for Extension of Time to File Response. Plaintiff has until 1/15/2016 to file a response to #53 MOTION for Summary Judgment. Signed by Judge Shelly D. Dick on 12/14/2015. (LLH)
December 14, 2015 Set/Reset Deadlines as to #53 MOTION for Summary Judgment . (LLH)
December 14, 2015 Set/Reset Deadlines (LLH)
December 11, 2015 Filing 59 MOTION for Extension of Time to File Response to #53 MOTION for Summary Judgment by All Plaintiffs. (Attachments: #1 Proposed Pleading;)(Grodner, Donna)
December 11, 2015 Filing 58 MOTION to Dismiss Based Upon Prescription by City of Baton Rouge/Parish of East Baton Rouge, East Baton Rouge Parish Prison. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;)(Andrews, Arthur)
December 10, 2015 Filing 57 NOTICE of Briefing Schedule on #53 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 10 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
December 10, 2015 Filing 56 RULING: The #38 Plaintiff's Motion to Compel Discovery Responses From Defendant Deputy Frank Harry and #39 Plaintiff's Motion to Compel Discovery Responses, which seeks to compel discovery responses from defendant Sheriff Sid Gautreaux, III are withdrawn pursuant the representation of the plaintiff's attorney at the Rule 37 conference. Signed by Magistrate Judge Stephen C. Riedlinger on 12/9/2015. (BCL)
December 9, 2015 Filing 55 RULING granting #40 Motion for Extension of Time for Service. Plaintiff shall have until January 8, 2016 to serve defendant Nurse A. Scott with a summons and the Petition for Damages and the Verified Amended Petition for Damages, or obtain a waiver of service from her. Signed by Magistrate Judge Stephen C. Riedlinger on 12/9/2015. (BCL)
December 9, 2015 Filing 54 RULING: The #26 Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions filed by Candace Herrin Williams on Behalf of Hayes Herrin is DENIED. The #29 Motion to Substitute and to File Second Amended Complaint for Damages Survival Action and Wrongful Death Action filed by Bonnie Blalock on behalf of Alyssa Blalock is GRANTED, IN PART AND DENIED IN PART. Blalock shall have 14 days to file an amended complaint to assert a wrongful death claim and a survival action on behalf of the minor child Alyssa Blalock, but which does not reassert the claims against defendants Sheriff Gautreaux and Dy. Harry that were previously dismissed. The court recommends that Blalock file a comprehensive amended complaint that makes all factual allegations necessary to support the claims made, rather than incorporating allegations by reference to a prior pleading, so that the amended complaint will become the operative complaint thereafter. Signed by Magistrate Judge Stephen C. Riedlinger on 12/9/2015. (BCL)
December 9, 2015 Filing 53 MOTION for Summary Judgment by Frank Harry. (Attachments: #1 Statement of Undisputed Facts, #2 Memorandum in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proposed Pleading;)(Erlingson, Mary)
December 9, 2015 Set/Reset Deadlines(BCL)
November 24, 2015 Filing 52 MEMORANDUM in Opposition to #39 MOTION to Compel Sheriff Gauthreaux filed by Sid J. Gautreaux, III. (Attachments: #1 Exhibit A - Sheriff Gautreaux's discovery responses)(Johnston, Tara)
November 24, 2015 Filing 51 MEMORANDUM in Opposition to #38 MOTION to Compel Deputy Harry filed by Frank Harry. (Attachments: #1 Exhibit A - Deputy Harry's discovery responses)(Johnston, Tara)
November 13, 2015 Filing 50 RESPONSE in Opposition to #40 MOTION for Extension of Time 4m to serve nurse filed by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Exhibit)(Andrews, Arthur)
November 9, 2015 Filing 49 REPLY MEMORANDUM in Support of #29 to Substitute Party and to File Second Amended Complaint for Damages Survival and Wrongful Death Actions filed by Douglas F. Herrin, II.. (Attachments: #1 Exhibit, #2 Affidavit)(NLT)
November 9, 2015 Filing 48 REPLY MEMORANDUM in Support of #26 MOTION to to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions filed by Douglas F. Herrin, II.. (Attachments: #1 Exhibit)(NLT)
November 9, 2015 Opinion or Order Filing 47 ORDER granting #45 MOTION for Leave of Court to File Reply Memorandum in Support of Motion to Substitute and to File Second Amended Complaint for Damages Survival and Wrongful Death. The clerk of court will file the [45-2] Reply Memorandum in Support of Motion to Substitute and to File Second Amended Complaint for Damages Survival and Wrongful Death Actions [RD 29], and the exhibits, submitted with the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 11/9/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
November 9, 2015 Opinion or Order Filing 46 ORDER granting #44 MOTION for Leave of Court to File Reply Memorandum in Support of Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions. The clerk of court will file the [44-2] Reply Memorandum in Support of Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions, and the exhibits, submitted with the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 11/9/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
November 9, 2015 Filing 45 MOTION for Leave of Court to File Reply Memorandum in Support of #29 Motion to Substitute and to File Second Amended Complaint for Damages Survival and Wrongful Death Actions by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Attachment, #4 Affidavit)(Grodner, Donna) Modified to edit text on 11/9/2015 (BCL).
November 9, 2015 Filing 44 MOTION for Leave to File Reply Memorandum in Support of #26 Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Attachment)(Grodner, Donna) Modified to edit text on 11/9/2015 (BCL).
November 4, 2015 Filing 43 Notice to Counsel: Plaintiff's #40 Motion for Extension of Time for Service was not filed as an ex parte motion, a supporting memorandum was filed with it, and a certificate stating the position of the opposing parties, pursuant to Local Rule 7(e), was not filed with the motion. Therefore, the motion will be treated as a contested motion unless the plaintiff files a Local Rule 7(e) certificate stating that the opposing parties have no opposition. Whether to grant or deny the motion will not be based solely on a certification of no opposition. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
November 4, 2015 Opinion or Order Filing 42 ORDER granting #41 Motion to Withdraw and Substitute RD 40-1 and 40-2. The clerk of court will substitute the [41-2] Memorandum in Support of Motion for Extension of Time and the proposed [41-3] Order Adjudicating Motion for Extension of Time for Service submitted with the motion for the [40-1] and [40-2] proposed order and memorandum (erroneously titled as a motion) previously filed. Signed by Magistrate Judge Stephen C. Riedlinger on 11/4/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
November 4, 2015 MOTION(S) REFERRED: #40 MOTION for Extension of Time 4m to serve nurse. This motion is now pending before the USMJ. (ELW)
November 3, 2015 Filing 41 MOTION to Withdraw #40 MOTION for Extension of Time 4m to serve nurse with corrected documents by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Proposed Pleading;)(Grodner, Donna)
November 3, 2015 Filing 40 MOTION for Extension of Time for Service by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support)(Grodner, Donna) Modified on 11/4/2015 to edit text (ELW). Modified on 11/4/2015 to replace documents as per Order #42 (LLH).
November 3, 2015 Filing 39 MOTION to Compel Discovery Responses by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Attachment)(Grodner, Donna) Modified on 11/3/2015 to edit text (ELW).
November 3, 2015 Filing 38 MOTION to Compel Discovery Responses from Deputy Frank Harry by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Attachment)(Grodner, Donna) Modified on 11/3/2015 to edit text (ELW).
November 3, 2015 MOTION(S) REFERRED: #39 MOTION to Compel Sheriff Gauthreaux. This motion is now pending before the USMJ. (ELW)
November 3, 2015 MOTION(S) REFERRED: #38 MOTION to Compel Deputy Harry. This motion is now pending before the USMJ. (ELW)
October 22, 2015 Filing 37 MEMORANDUM in Opposition to #29 , #30 MOTIONS to Substitute and to File Amended Complaints filed by Sid J. Gautreaux, III, Frank Harry. (St. Pierre, Catherine) Modified to edit text on 10/23/2015 (BCL).
October 20, 2015 Opinion or Order Filing 36 ORDER granting #34 MOTION for Leave of Court to Supplement Record Document 29 with Rule 7.6 Certificate. The clerk of court will file the [34-2] Certificate Pursuant to Local Rule 7.6 submitted with the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 10/20/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
October 20, 2015 Opinion or Order Filing 35 ORDER granting #33 MOTION for Leave of Court to Supplement Record Document 26 with Rule 7.6 Certificate. The clerk of court will file the [33-2] Certificate Pursuant to Local Rule 7.6 submitted with the motion. Signed by Magistrate Judge Stephen C. Riedlinger on 10/20/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
October 20, 2015 Filing 34 MOTION for Leave of Court to Supplement Record Document 29 with Rule 7.6 Certificate by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Grodner, Donna) Modified on 10/20/2015 to edit text (ELW).
October 20, 2015 Filing 33 MOTION for Leave of Court to Supplement Record Document 26 with Rule 7.6 Certificate by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Grodner, Donna) Modified on 10/20/2015 to edit text (ELW).
October 19, 2015 Opinion or Order Filing 32 ORDER granting #30 Motion for Leave of Court to Substitute RD 26-2 and 27-2 (Memorandum) with Correct Memorandum and to Substitute RD 26 (Motion) withCorrect Document. Specifically, record document 26 shall be removed from the record and replaced with the Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions submitted with this motion (as rec doc # 30-2), and record documents 26-2 and 27-2 shall be removed from the record and replaced with Memorandum in Support of Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions submitted with this motion (as rec doc # 30-3). Signed by Magistrate Judge Stephen C. Riedlinger on 10/19/2015. (BCL)
October 19, 2015 Filing 31 Notice to Counsel: Plaintiff's #26 Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions, and #29 Motion to Substitute and to File Second Amended Complaint for Damages Survival and Wrongful Death Actions do not comply with Local Rule 7(e) - no certificate stating position of opposing party. No action will be taken on the motions until the deficiency is corrected or the time to file an opposition has expired. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(Riedlinger, Stephen)
October 19, 2015 MOTION(S) REFERRED: #30 MOTION for Leave to File to SUBSTITUTE RD 26-2 AND 27-2 (MEMORANDUM) WITH CORRECT MEMORANDUM AND TO SUBSTITUTE RD 26 (MOTION) WITH CORRECT DOCUMENT . This motion is now pending before the USMJ. (LLH)
October 19, 2015 MOTION(S) REFERRED: #29 MOTION to Substitute Party MOTION for Leave to File Second Amended Complaint for Damages. This motion is now pending before the USMJ. (LLH)
October 16, 2015 Filing 30 MOTION for Leave to File to SUBSTITUTE RD 26-2 AND 27-2 (MEMORANDUM) WITH CORRECT MEMORANDUM AND TO SUBSTITUTE RD 26 (MOTION) WITH CORRECT DOCUMENT by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;, #3 Proposed Pleading;)(Grodner, Donna)
October 16, 2015 Filing 29 MOTION to Substitute Party and to File Second Amended Complaint for DamagesSurvival and Wrongful Death Actions by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading;, #3 Proposed Pleading;)(Grodner, Donna) Modified on 10/19/2015 to edit text and add event (LLH).
October 1, 2015 MOTION(S) REFERRED: #26 MOTION to Substitute Party . This motion is now pending before the USMJ. (ELW)
September 25, 2015 Opinion or Order Filing 28 ORDER granting #27 MOTION for Leave of Court to Substitute Record Document 26-2 With Correctly Titled Record Document 26-2, filled by Douglas F. Herrin, II. The clerk of court will substitute the [27-2] Memorandum in Support of Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions submitted with the motion for the incorrectly titled [26-2] Motion to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions previously filed. Signed by Magistrate Judge Stephen C. Riedlinger on 9/25/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
September 25, 2015 Filing 27 MOTION for Leave to File Substitute R.D. 26-2 with Corrected R.D. 26-2 by All Plaintiffs. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Grodner, Donna) Attachment 2 replaced on 10/19/2015 as per #32 Order (BCL).
September 24, 2015 Filing 26 MOTION to Substitute and to File Amended Complaint for Damages Survival and Wrongful Death Actions. (Attachments: #1 Proposed Pleading;, #2 Memorandum in Support, #3 Attachment death certificate redacted, #4 Proposed Pleading; amended complaint)(Grodner, Donna). Modified to substitute document on 9/28/2015 (BCL). Modified on 10/1/2015 to edit text (ELW). Main Document 26 and Attachment 2 replaced on 10/19/2015 as per #32 Order (BCL). (Additional attachment(s) added on 10/23/2015: #5 Certificate Pursuant to Local Rule 7.6) (NLT).
August 17, 2015 Filing 25 RULING granting in part and denying in part #14 Motion to Dismiss. Signed by Judge Shelly D. Dick on 08/17/2015. (NLT)
August 17, 2015 Filing 24 RULING granting in part and denying in part #4 Motion to Dismiss for Failure to State a Claim. Signed by Judge Shelly D. Dick on 8/17/2015. (NLT)
May 29, 2015 Opinion or Order Filing 23 ORDER granting #21 Motion and Order to Withdraw as Counsel of Record. Attorney Tedrick K. Knightshed is withdrawn. Signed by Magistrate Judge Stephen C. Riedlinger on 5/29/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
May 29, 2015 Filing 21 MOTION for Tedrick K. Knightshead to Withdraw as Attorney by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Attachment Order)(Knightshead, Tedrick)
May 28, 2015 Filing 22 Minute Entry for proceedings held before Magistrate Judge Stephen C. Riedlinger: Scheduling Conference held on 5/28/2015. There are two pending dispositive motions. A scheduling order is not needed until the district judge rules on the pending dispositive motions. Entry of a scheduling order is deferred, written discovery is not stayed, and deposition discovery is stayed except for any specific depositions the parties stipulate may be taken or the court grants leave to take. The case will be set for another scheduling conference after the district judge rules on the pending dispositive motions. (BCL)
May 20, 2015 Opinion or Order Filing 20 ORDER granting #19 Motion to Enroll Additional Counsel of Record. Added attorney Tedrick K. Knightshead for City of Baton Rouge/Parish of East Baton Rouge. Signed by Magistrate Judge Stephen C. Riedlinger on 5/20/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
May 20, 2015 Filing 19 MOTION to Enroll Tedrick K. Knightshead as Additional Attorney by City of Baton Rouge/Parish of East Baton Rouge. (Andrews, Arthur)
May 14, 2015 Filing 18 Joint STATUS REPORT by Douglas F. Herrin, II. (Grodner, Donna)
April 22, 2015 Opinion or Order Filing 17 90-DAY CONFERENCE ORDER: Scheduling Conference set for 5/28/2015 at 1:30 PM in chambers before Magistrate Judge Stephen C. Riedlinger. Status Report due by 5/14/2015. Signed by Magistrate Judge Stephen C. Riedlinger on 4/22/15. (BNW)
April 17, 2015 Filing 16 MEMORANDUM in Opposition to #14 MOTION to Dismiss filed by Douglas F. Herrin, II. (Grodner, Donna)
April 15, 2015 Filing 15 NOTICE of Briefing Schedule on #14 MOTION to Dismiss : Opposition to the motion shall be filed within 21 days from the filing of the motion. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 5 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
April 14, 2015 Filing 14 MOTION to Dismiss by City of Baton Rouge/Parish of East Baton Rouge. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Affidavit)(Andrews, Arthur)
April 7, 2015 Opinion or Order Filing 13 ORDER denying #12 MOTION for Leave to File Sur Reply to Defendants' Reply Memorandum in Support of Motion to Dismiss. Signed by Judge Shelly D. Dick on 4/7/2015. (SMG)
April 2, 2015 Filing 12 MOTION for Leave to File Sur Reply to Defendants' Reply Memorandum in Support of Motion to Dismiss by Douglas F. Herrin, II. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(Grodner, Donna)
March 27, 2015 Filing 11 REPLY Memorandum in Support of #4 MOTION to Dismiss filed by Sid J. Gautreaux, III, Frank Harry. (St. Pierre, Catherine) Modified to edit text on 3/30/2015 (BCL).
March 17, 2015 Filing 10 ANSWER to Complaint by City of Baton Rouge/Parish of East Baton Rouge.(Andrews, Arthur)
March 13, 2015 Filing 9 MEMORANDUM in Opposition to #4 MOTION to Dismiss for Failure to State a Claim filed by Douglas F. Herrin, II. (Grodner, Donna)
March 12, 2015 Opinion or Order Filing 8 ORDER granting #7 Motion to Enroll as Counsel. Added attorney Donna U. Grodner for Douglas F. Herrin, II. Signed by Magistrate Judge Stephen C. Riedlinger on 3/12/2015. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Riedlinger, Stephen)
March 12, 2015 Filing 7 MOTION to Enroll Donna Grodner as Additional Attorney by Douglas F. Herrin, II. (Attachments: #1 Proposed Pleading; order)(Mayeux, Kent)
February 24, 2015 Filing 6 NOTICE of Briefing Schedule on #4 MOTION to Dismiss for Failure to State a Claim : Opposition to the motion shall be filed within 21 days from the filing of the motion. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (DCB)
February 23, 2015 Filing 5 ANSWER to Verified Amended Petition for Damages by Frank Harry.(Johnston, Tara) Modified on 2/24/2015 to edit text (JDL).
February 20, 2015 Filing 4 MOTION to Dismiss for Failure to State a Claim by Sid J. Gautreaux, III, Frank Harry. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Order)(Johnston, Tara)
February 20, 2015 Filing 3 AMENDED NOTICE OF REMOVAL against Frank Harry, Sid J. Gautreaux, III, filed by Frank Harry, Sid J. Gautreaux, III.(Johnston, Tara)
February 17, 2015 Filing 2 Joint Consent to Removal by City of Baton Rouge/Parish of East Baton Rouge, Sid J. Gautreaux, III, Frank Harry, Nurse A. Scott. (LLH)
February 13, 2015 Filing 1 NOTICE OF REMOVAL from 19th Judicial District Court, Parish of East Baton Rouge, Case Number 635270. (Filing fee $ 400 receipt number 053N-1192232), filed by Frank Harry, Sid J. Gautreaux, III. (Attachments: #1 Attachment Civil Cover Sheet, # 2 Attachment Joint Consent to Removal, #3 Exhibit State court pleadings, #4 Exhibit List Notice of Filing Notice of Removal)(Johnston, Tara) Modified on 2/17/2015 to remove Joint Consent for Removal (LLH).

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Search for this case: Herrin v. East Baton Rouge Sheriff's Office et al
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Plaintiff: Herrin
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Plaintiff: Douglas F. Herrin, II
Represented By: Donna Unkel Grodner
Represented By: Kent A. Mayeux
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Plaintiff: Candace Herrin Williams
Represented By: Donna Unkel Grodner
Represented By: Kent A. Mayeux
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Plaintiff: Bonnie Blalock
Represented By: Donna Unkel Grodner
Represented By: Kent A. Mayeux
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Defendant: East Baton Rouge Sheriff's Office
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Defendant: East Baton Rouge Parish Prison
Represented By: Arthur Howell Andrews
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Defendant: City of Baton Rouge/Parish of East Baton Rouge
Represented By: Arthur Howell Andrews
Represented By: Tedrick K. Knightshead
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Defendant: XYZ Insurance Company
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Defendant: Nurse A. Scott
Represented By: Arthur Howell Andrews
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Defendant: Unknown Nurse
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Defendant: Frank Harry
Represented By: Mary G. Erlingson
Represented By: Catherine S. St. Pierre
Represented By: Tara Lynn Johnston
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Defendant: Sid J. Gautreaux, III
Represented By: Mary G. Erlingson
Represented By: Catherine S. St. Pierre
Represented By: Tara Lynn Johnston
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Defendant: Alicia Scott
Represented By: Arthur Howell Andrews
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