Givens et al v. Dillard University
Plaintiff: jovan lambey and johnathan givens
Defendant: Dillard University
Case Number: 2:2019cv12448
Filed: September 4, 2019
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Lance M Africk
Referring Judge: Karen Wells Roby
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2019 Filing 41 Correction of Docket Entry by Clerk re #40 MOTION for Leave to File Reply Memorandum. Filing attorney should have selected Yes at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (mp)
November 1, 2019 Filing 40 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum by Dillard University. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Patin, Darren) Modified text on 11/1/2019 (mp).
October 29, 2019 Filing 39 RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #38 MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Floyd, Marion)
October 8, 2019 Filing 38 MOTION to Dismiss for Failure to State a Claim by Dillard University. Motion(s) will be submitted on 11/6/2019. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(mp)
October 8, 2019 Opinion or Order Filing 37 ORDER: IT IS ORDERED that the #33 Motion to Withdraw is GRANTED and the previously filed #29 Motion to Dismiss is WITHDRAWN. IT IS FURTHER ORDERED that the clerk shall file into the record the proposed motion to dismiss and supporting documents attached to the motion. The motion to dismiss shall be set for submission on November 6, 2019. Signed by Judge Lance M Africk on October 8, 2019. (mp)
October 8, 2019 Opinion or Order Filing 36 ORDER: A Status Conference is set for 11/19/2019 at 10:00 AM before Judge Lance M Africk. Parties shall comply as instructed herein. Signed by Judge Lance M Africk on October 8, 2019.(mp)
October 8, 2019 Opinion or Order Filing 35 SCHEDULING ORDER: Final Pretrial Conference set for 3/16/2020 10:00 AM before Judge Lance M Africk. Status Conference set for 11/19/2019 10:00 AM before Judge Lance M Africk. Jury Trial set for 4/13/2020 08:30 AM before Judge Lance M Africk. All discovery must be completed by 1/31/2020. Signed by Judge Lance M Africk. (Attachments: #1 Pretrial Notice Form) (NEF: Magistrate Judge) (ko)
October 7, 2019 Filing 34 Correction of Docket Entry by Clerk re #32 MOTION to Strike. This is a duplicate filing of R. Doc. 33 and will be noted as such. No further action is necessary.(mp)
October 7, 2019 Filing 33 EXPARTE/CONSENT MOTION to Withdraw Document re #29 MOTION to Dismiss for Failure to State a Claim and Substitute Attached Pleading for Same by Dillard University. (Attachments: #1 Proposed Order, #2 Proposed Motion to Dismiss, #3 Proposed Memorandum in Support, #4 Proposed Notice of Submission)(Patin, Darren) Modified text on 10/7/2019 (mp).
October 7, 2019 Filing 32 **DUPLICATE FILING - SEE R. DOC. 33: EXPARTE/CONSENT MOTION to Strike #31 Order on Motion to Enroll as Counsel of Record, 30 Correction of Docket Entry by Clerk, by Dillard University. (Attachments: #1 Proposed Order proposed order, #2 Proposed Pleading Exhibit A, #3 Exhibit A-1, #4 Notice of Submission Exhibit A-2)(Patin, Darren) Modified on 10/7/2019 (mp).
October 4, 2019 Opinion or Order Filing 31 ORDER: IT IS ORDERED that the #28 Motion to Enroll as Counsel of Record is GRANTED. Darren A. Patin is enrolled as additional counsel for defendant. Signed by Judge Lance M Africk on October 4, 2019. (mp)
October 4, 2019 Filing 30 Correction of Docket Entry by Clerk re #29 MOTION to Dismiss. 1.) Filing attorney selected incorrect event. Correct event is Motion to Dismiss for Failure to State a Claim/FRCP12(b)(6). Clerk took corrective action by changing the event. 2.) Filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?'. Clerk took corrective action to set motion for submission on November 6th before Judge Africk. No further action is necessary. (mp)
October 4, 2019 Filing 29 MOTION to Dismiss for Failure to State a Claim by Dillard University. Motion(s) will be submitted on November 6, 2019 (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Notice of Submission Notice of Submission)(Patin, Darren) Modified event/text on 10/4/2019 (mp).
October 4, 2019 Filing 28 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Dillard University. (Attachments: #1 Order)Attorney Darren Albert Patin added to party Dillard University(pty:dft).(Patin, Darren)
October 4, 2019 Filing 27 Statement of Corporate Disclosure by Dillard University (Patin, Darren)
October 3, 2019 Filing 26 RE-NOTICE: Scheduling Conference reset for 10/8/2019 03:00 PM before case manager by telephone. By Clerk.(blg)
September 24, 2019 Filing 25 NOTICE: Scheduling Conference set for 10/8/2019 09:30 AM before case manager by telephone. By Clerk.(ko)
September 24, 2019 Opinion or Order Filing 24 ORDER: IT IS ORDERED that defendant Dillard University shall file an answer to plaintiffs' second amended complaint no later than FRIDAY, OCTOBER 4, 2019. IT IS FURTHER ORDERED that the case manager shall issue a notice to set a scheduling conference to occur in this matter on TUESDAY, OCTOBER 8, 2019 at 9:30 A.M. Signed by Judge Lance M Africk on September 24, 2019.(mp)
September 23, 2019 Filing 23 Correction of Docket Entry by Clerk re #22 Response/Memorandum in Opposition to Motion. Attachments have duplicate descriptions. For attachments, select either a category OR enter a description, selecting both will result in duplicate docket text. Clerk took corrective action. (mp)
September 20, 2019 Filing 22 RESPONSE/MEMORANDUM in Opposition filed by Dillard University re #10 MOTION for Temporary Restraining Order Opposing Plaintiffs' Motion for a Preliminary Injunction contained in ECF Document 9. (Attachments: #1 Declaration of Roland Bullard, #2 Declaration of Sheila Judge, #3 Exhibit A to Judge Declaration, #4 Declaration of Brendan Greene, #5 Exhibit A to Greene Declaration, #6 Exhibit B to Greene Declaration, #7 Exhibit C to Greene Declaration)(Greene, Brendan) Modified text on 9/23/2019 (mp).
September 19, 2019 Filing 21 SECOND AMENDED COMPLAINT with Jury Demand against Dillard University filed by Johnathan Givens, Jovan Lambey.(mp)
September 19, 2019 Opinion or Order Filing 20 ORDER: IT IS ORDERED that the #18 Motion for Leave to File Second Amended Complaint is GRANTED. Signed by Judge Lance M Africk on September 19, 2019. (mp)
September 19, 2019 Filing 19 Correction of Docket Entry by Clerk re #18 MOTION for Leave to File SECOND AMENDED COMPLAINT. 1.) Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. 2.) Filing attorney did not select both Plaintiffs as filers. Clerk took corrective actions. (mp)
September 18, 2019 Filing 18 EXPARTE/CONSENT MOTION for Leave to File Second Amended Complaint by Johnathan Givens, Jovan Lambey. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(Floyd, Marion) Modified referral/filers on 9/19/2019 (mp).
September 17, 2019 Filing 17 DEFICIENT: Second AMENDED COMPLAINT with Jury Demand against All Defendants filed by Johnathan Givens.(Floyd, Marion) Modified text on 9/17/2019 (mp).
September 10, 2019 Filing 16 SUMMONS Returned Executed; Dillard University served on 9/6/2019, answer due 9/27/2019 (Floyd, Marion) Modified text on 9/11/2019 (mp).
September 6, 2019 Opinion or Order Filing 15 ORDER AND REASONS denying #10 Motion for Temporary Restraining Order. Signed by Judge Lance M Africk on 9/6/19. (blg)
September 6, 2019 Filing 14 DEFICIENT: SUMMONS Returned Executed; Johnathan Givens served on 9/6/2019, answer due 9/27/2019. (Floyd, Marion) Modified on 9/9/2019 (mp).
September 6, 2019 Filing 13 Correction of Docket Entry by Clerk re #10 MOTION for Temporary Restraining Order. Filing attorney did not select Jovan Lambey as a filer. Clerk added filer. (mp)
September 6, 2019 Filing 12 Correction of Docket Entry by Clerk re #9 Amended Complaint. Filing attorney did not select Jovan Lambey as a filer. Clerk added filer. (mp)
September 6, 2019 Filing 11 Summons Issued as to Dillard University. (mp)
September 6, 2019 Filing 10 EXPARTE/CONSENT MOTION for Temporary Restraining Order by Johnathan Givens, Jovan Lambey. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Floyd, Marion) Modified filers on 9/6/2019 (mp).
September 5, 2019 Filing 9 AMENDED COMPLAINT against Dillard University filed by Johnathan Givens, Jovan Lambey.(Floyd, Marion) Modified filers on 9/6/2019 (mp).
September 5, 2019 Filing 8 Request of Summons Issued as to Dillard University filed by Johnathan Givens re #4 Complaint,. (Floyd, Marion)
September 5, 2019 Filing 7 Correction of Docket Entry by Clerk re #5 Amendment/Supplement to Document, #4 Complaint. 1.) Documents at R. Doc. 4 & 5 were incorrectly filed as a separate documents instead of as attachments to the Complaint. Clerk took corrective action. 2.) Filing attorney did not properly format the pdf of Civil Cover Sheet and Summons. The pdfs should not have the purple boxes nor the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective actions. 3.) Attorney uploaded blank summons to be issued. Filing attorney must refile summons to be issued following the instructions in the forthcoming Deficiency Notice. (mp)
September 5, 2019 Filing 6 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Karen Wells Roby. (aj)
September 5, 2019 Filing 5 *** FILED IN ERROR - DOCUMENT ATTACHED TO REC. DOC 1: Amendment/Supplement to Document by johnathan givens re #1 Complaint (Supplement to Exhibit 1) (Floyd, Marion) Modified text on 9/5/2019 (mp).
September 5, 2019 Filing 4 ***FILED IN ERROR - DOCUMENTS ATTACHED TO REC. DOC. 1: COMPLAINT against Dillard University (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) filed by johnathan givens. (Attachments: #1 Summons)(Floyd, Marion) Modified text on 9/5/2019 (mp).
September 5, 2019 Filing 3 DEFICIENT: Summons Submitted for Issuance (Floyd, Marion) Modified on 9/5/2019 (mp).
September 5, 2019 Filing 2 DEFICIENT: Request of Summons Issued as to Dillard University filed by johnathan givens re #1 Complaint. (Floyd, Marion) Modified on 9/5/2019 (mp).
September 5, 2019 Filing fee received from Johnathan Givens: Receipt LAE057697 $ 400 (cc)
September 4, 2019 Filing 1 COMPLAINT against Dillard University (Credit Card not accepted or unavailable - payment of filing fee due within 2 business days) filed by johnathan givens.Attorney Marion Dean Floyd added to party johnathan givens(pty:selreq).(Floyd, Marion) (Additional attachment(s) added on 9/5/2019: #1 Civil Cover Sheet, #2 Summons) (mp). (Additional attachment(s) added on 9/5/2019: #3 Exhibit) (mp).

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Defendant: Dillard University
Represented By: Darren Albert Patin
Represented By: Brendan Michael Greene
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Plaintiff: jovan lambey
Represented By: Marion Dean Floyd
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Plaintiff: johnathan givens
Represented By: Marion Dean Floyd
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