Arce et al v. Louisiana State et al
Plaintiff: Nelson Arce and Lazaro Arce
Defendant: Louisiana State, Louisiana Department of Public Safety and Corrections, Jefferson Parish and Newell Normand
Case Number: 2:2016cv14003
Filed: August 22, 2016
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Orleans
Presiding Judge: Lance M Africk
Presiding Judge: Karen Wells Roby
Nature of Suit: Americans with Disabilities - Other
Cause of Action: 42:12181
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 9, 2019 Opinion or Order Filing 257 ORDER: IT IS ORDERED that the 252 Motion to Stay Judgment on Attorneys Fees is GRANTED. The execution of judgment is STAYED pending appeal without the requirement of posting a supersedeas bond. Signed by Judge Lance M Africk on September 9, 2019. (mp)
August 5, 2019 Opinion or Order Filing 251 ORDER: IT IS ORDERED that the 242 Motion to Stay Execution of Judgment Pending Appeal IS GRANTED. The execution of judgment is STAYED pending appeal without the requirement of posting a supersedeas bond. Signed by Judge Lance M Africk on August 5, 2019. (mp)
June 4, 2019 Opinion or Order Filing 233 ORDER AND REASONS - Shelton's motion for attorneys' fees and costs is GRANTED IN PART and DENIED IN PART, in accordance with this order. Signed by Judge Lance M Africk on 6/4/2019.(sbs)
March 1, 2018 Opinion or Order Filing 192 ORDER AND REASONS re 176 Motion for Attorney Fees; ORDERED that plaintiff's motion is GRANTED IN PART and DENIED IN PART. FURTHER ORDERED that plaintiff's request for attorney's fees is DENIED. FURTHER ORDERED that plaintiff's request for costs is GRANTED and that plaintiff is awarded costs in the amount of $11,428.06, as set forth herein. Each defendant shall be responsible for one-half of the costs, or $5,714.03 each. FURTHER ORDERED that plaintiff may file a request with the Clerk through the procedures specified in Local Rule 54.3 to recover 1920(3) witness fees and allowances. If plaintiff intends to recover such fees and allowances, then plaintiff shall file her request with the Clerk by 3/15/2018. Signed by Judge Lance M Africk on 3/1/2018. (blg)
December 5, 2017 Opinion or Order Filing 159 ORDER AND REASONS denying in part, deferring in part, and dismissing in part 100 MOTION in Limine to Exclude and/or Redact Documentary Evidence; FURTHER ORDERED that the parties file with the Court all proposed limiting instructions by 12/6/2017, at 12:00 noon. Signed by Judge Lance M Africk on 12/5/2017.(blg)
November 29, 2017 Opinion or Order Filing 154 ORDER AND REASONS granted in part and deferred in part as set forth herein 103 MOTION in Limine to Exclude Plaintiffs' Proposed Exhibits 49 and 50 Pursuant to Fed.R.Evid. 802, 104 MOTION in Limine to Exclude Argument or Evi dence Concerning Claims for Injunctive Relief, 106 MOTION in Limine to Preclude Plaintiffs from Eliciting Expert Opinion Testimony from Experts Not Previously Disclosed by the Plaintiffs and to Prohibit Plaintiffs from Offering Expert Op inion Testimony Via the State's Employee Training Record, 107 MOTION in Limine to Exclude Plaintiffs' Proposed Exhibits 10 Through 17 and 28 Pursuant to Fed.R.Evid. 402 and 403. Signed by Judge Lance M Africk on 11/29/2017.(blg)
November 22, 2017 Opinion or Order Filing 141 ORDER AND REASONS granting in part, denying in part, deferring in part, and dismissing as moot in part 100 MOTION in Limine to Exclude and/or Redact Documentary Evidence. Signed by Judge Lance M Africk on 11/22/2017.(blg)
November 21, 2017 Opinion or Order Filing 131 AMENDED ORDER AND REASONS re 111 Order and Reasons as to the 76 MOTION for Judgment on the Pleadings. Signed by Judge Lance M Africk on 11/21/2017.(blg)
November 20, 2017 Opinion or Order Filing 121 ORDER AND REASONS re 98 MOTION in Limine; ORDERED that, to the extent that the motion seeks to preclude Louisiana from offering a propensity-based argument, the motion is DISMISSED AS MOOT. FURTHER ORDERED that, to the extent that the motion seeks to preclude testimony about the reasons why Nelson's probation officer moved to revoke Nelson's probation, the motion is DEFERRED. In all other respects, the motion is DENIED. Signed by Judge Lance M Africk on 11/20/2017.(blg)
November 16, 2017 Opinion or Order Filing 111 ORDER AND REASONS: ORDERED that Louisiana's 76 motion for judgment on the pleadings is GRANTED, and all of Lazaro's claims against Louisiana are DISMISSED WITH PREJUDICE. FURTHER ORDERED that Louisiana's 85 motion to dismiss plaintiffs' Title II claims for lack of subject matter jurisdiction is DENIED. Signed by Judge Lance M Africk on 11/16/2017.(blg)
August 10, 2017 Opinion or Order Filing 68 ORDER AND REASONS: ORDERED that 66 Motion for Substitution of Party under Federal Rule of Civil Procedure 25(a)(1) is GRANTED. FURTHER ORDERED that Ana Christine Shelton be substituted as a party in place of Nelson Arce. FURTHER ORDERED that the Clerks Office shall file the proposed amended complaint into the record. Signed by Magistrate Judge Karen Wells Roby. (tm)
December 22, 2016 Opinion or Order Filing 42 ORDER AND REASONS granting 19 Motion to Dismiss for Failure to State a Claim. All of plaintiffs' claims in the above-captioned matter against Jefferson Parish are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk. (bwn)
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Plaintiff: Nelson Arce
Represented By: Eric Baum
Represented By: Andrew David Bizer
Represented By: Garret S DeReus
Represented By: Marc P. Florman
Represented By: Andrew Rozynski
Represented By: Brittany Shrader
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Plaintiff: Lazaro Arce
Represented By: Eric Baum
Represented By: Andrew David Bizer
Represented By: Garret S DeReus
Represented By: Marc P. Florman
Represented By: Andrew Rozynski
Represented By: Brittany Shrader
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Defendant: Louisiana State
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Defendant: Louisiana Department of Public Safety and Corrections
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Defendant: Jefferson Parish
Represented By: Annik L. Morgan
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Defendant: Newell Normand
Represented By: Daniel Rault Martiny
Represented By: Jeffrey David Martiny
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