Chapa v. Louisiana State et al
| Manuel Chapa |
| Louisiana State, Scott Gardner, William J. Knight, David M Dixon, Thomas Noto, St Tammany Parish, Gary Nunez, Walter P Reed, St. Tammany Parish Government and William J Knight |
| 2:2019cv13761 |
| November 21, 2019 |
| US District Court for the Eastern District of Louisiana |
| Ivan LR Lemelle |
| Janis van Meerveld |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 RESPONSE/MEMORANDUMin Opposition to re #38 MOTION to Stay, #37 MOTION for APPOINTMENT of COUNSEL under 28 U.S.C. 91915(E)(1), Motion to Vacate July 13 ORDER of Dismissal/Doc. 28, Motion for Extension of Time to Respond; Move for Reconsideration until 30 Days, and Motion to Strike Doc. 30-1 filed by William J Knight, Louisiana State, Thomas Noto . (Evans, James) Modified text on 9/25/2020 (pp). |
Filing 41
ORDERED that the Call Docket is PASSED subject to the Court's ruling on plaintiff's motions at Rec. Docs. 37 and 38. Signed by Judge Ivan L.R. Lemelle on 9/1/2020.(jls)
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Filing 40
ORDER granting #39 Motion to Withdraw as Attorney. Cody J. Acosta is hereby WITHDRAWN as counsel of record. Chadwick W. Collings shall remain as counsel of record for defendant Gary Nunez. Signed by Judge Ivan L.R. Lemelle on 09/02/2020. (ko) Modified text on 9/3/2020 (jls).
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| Filing 39 EXPARTE/CONSENT MOTION to Withdraw Cody J. Acosta as Attorney by Gary Nunez. (Attachments: #1 Proposed Order)(Collings, Chadwick) |
| Filing 38 MOTION to Stay Proceedings by Manuel Chapa. (pp) Modified text on 8/31/2020 (pp). |
| Filing 37 MOTION for Appointment of Counsel under 28 U.S.C. 91915(E)(1), Motion to Vacate July 13 ORDER of Dismissal/Doc. 28, Motion for Extension of Time to Respond; Move for Reconsideration until 30 Days, and Motion to Strike Doc. 30-1 by Manuel Chapa. Motion(s) will be submitted on 10/14/2020. (Attachments: #1 Original Motion)(pp) |
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Filing 36
ORDER granting #35 Motion to Correct. The corrected memorandum attached to the motion shall be filed into the record. Signed by Judge Ivan L.R. Lemelle on 08/25/2020. (ko)
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| Filing 35 MOTION to Amend/Correct #30 MOTION to Dismiss Party Thomas Noto by Thomas Noto. Motion(s) will be submitted on 9/2/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Pleading Memo in Support of Motion to Dismiss)(Wilson, Jacqueline) |
| Filing 34 NOTICE OF DEFICIENT ProSe DOCUMENT: re #33 Motion for Miscellaneous Relief,. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 8/28/2020. (pp) |
| Filing 33 **DEFICIENT** MOTION for APPOINTMENT of COUNSEL under 28 U.S.C. 91915(E)(1), Motion to Vacate July 13 ORDER of Dismissal/Doc. 28, Motion for Extension of Time to Respond; Move for Reconsideration until 30 Days, and Motion to Strike Doc. 30-1 by Manuel Chapa. (pp) Modified on 8/7/2020 (pp). |
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Filing 31
ORDER: IT IS ORDERED that on or before 08/28/2020, plaintiffs shall obtain responsive pleadings or preliminary defaults on St. Tammany Parish, Scott Gardner, and David M. Dixon. Failure to do so will result in the defendant's dismissal, without further notice for failure to prosecute. Signed by Judge Ivan L.R. Lemelle on 08/4/2020.(ko)
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| Filing 32 NOTICE of Change of Address by Manuel Chapa. (pp) |
| Filing 30 MOTION to Dismiss Party Thomas Noto by Thomas Noto. Motion(s) will be submitted on 9/2/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Notice of Submission)(Wilson, Jacqueline) Modified text on 8/3/2020 (pp). (Attachment 1 replaced per Order filed at Rec. Doc. 36 on 8/26/2020) (ko). |
| Filing 29 ANSWER to #3 Complaint, with Jury Demand by Gary Nunez.(Collings, Chadwick) |
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Filing 28
ORDER AND REASONS granting #16 Motion to Dismiss Party. FURTHER ORDERED that #17 Motion to Dismiss for Failure to State a Claim is granted. FURTHER ORDERED that plaintiff's claims against both defendants Judge William J. Knight and St. Tammany Parish Government are hereby dismissed. FURTHER ORDERED that any motion for reconsideration of this Order based on the appropriate Federal Rule of Civil Procedure, if any, must be filed within 30 days, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 07/13/2020. (ko)
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Filing 27
ORDER granting #25 Motion for Extension of Time to Answer re #3 Complaint, as to Gary Nunez answer due 7/28/2020. Signed by Judge Ivan L.R. Lemelle on 07/10/2020. (ko)
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Filing 26
ORDER granting #24 Motion for Extension of Time to Answer re #3 Complaint, as to Thomas Noto answer due 7/31/2020. Signed by Judge Ivan L.R. Lemelle on 07/10/2020. (ko)
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| Filing 25 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #3 Complaint, by Gary Nunez. (Attachments: #1 Proposed Order)Attorney Chadwick William Collings added to party Gary Nunez(pty:dft).(Collings, Chadwick) |
| Filing 24 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #3 Complaint, by Thomas Noto. (Attachments: #1 Proposed Order)Attorney James Garrison Evans added to party Thomas Noto(pty:dft).(Evans, James) |
| Filing 23 SUMMONS Returned Executed; Gary Nunez served on 6/16/2020, answer due 7/7/2020. (pp) Modified on 6/25/2020 (pp). |
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Filing 22
ORDER granting #20 Motion for Extension of Time to File Responsive Pleadings and to Enroll Counsel. Walter P. Reed shall file responsive pleadings to #3 Complaint no later than 8/21/2020. FURTHER ORDERED that Richard T. Simmons, Jr. is enrolled as counsel of record for Walter P. Reed. FURTHER ORDERED that plaintiff's motion for extension of deadlines #15 is dismissed as moot. The instant motion requesting an extension of deadlines is identical to the previously granted motion (Rec. Doc. 14) and is therefore moot. Signed by Judge Ivan L.R. Lemelle on 06/24/2020. (ko)
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| Filing 21 MOTION to Dismiss for Lack of Jurisdiction by Louisiana State. Motion(s) will be submitted on 7/22/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)Attorney James Garrison Evans added to party Louisiana State(pty:dft).(Evans, James) |
| Filing 20 EXPARTE/CONSENT MOTION for Extension of Time to Answer by Walter P Reed. (Attachments: #1 Proposed Order)Attorney Richard Terrell Simmons, Jr added to party Walter P Reed(pty:dft).(Simmons, Richard) |
| Filing 19 SUMMONS Returned Executed; David M Dixon served on 6/3/2020, answer due 6/24/2020; Louisiana State served on 6/1/2020, answer due 6/22/2020; Thomas Noto served on 6/12/2020, answer due 7/6/2020; Walter P Reed served on 6/2/2020, answer due 6/23/2020. (Attachments: #1 Summons Return on David M. Dixon, #2 Summons Return on Walter P. Reed, #3 Summons Return on Louisiana State)(jls) |
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Filing 18
ORDER granting #14 Motion for Extension of Time of Service of Summons. Plaintiff shall serve each outstanding defendant no later than 06/12/2020. Signed by Judge Ivan L.R. Lemelle on 05/14/2020. (ko)
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| Filing 17 MOTION to Dismiss for Failure to State a Claim by St. Tammany Parish Government. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Proposed Order, #5 Notice of Submission)Attorney Emily Couvillon added to party St Tammany Parish(pty:dft).(Couvillon, Emily) Modified text on 5/13/2020 (pp). |
| Filing 16 MOTION to Dismiss Party by William J. Knight. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Wilson, Jacqueline) Modified text on 5/13/2020 (pp). |
| Filing 15 EXPARTE/CONSENT MOTION for Extension of Deadlines by Manuel Chapa. (Attachments: #1 Motion to Extend Deadlines)(pp) |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer re #3 Complaint, as to William J. Knight answer due 5/13/2020. Signed by Judge Ivan L.R. Lemelle on 05/07/2020. (ko)
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| Filing 14 EXPARTE/CONSENT MOTION for Extension of Time to Serve Summons by Manuel Chapa. (jls) |
| Filing 12 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #3 Complaint, by William J. Knight. (Attachments: #1 Proposed Order)Attorney Jacqueline B. Wilson added to party William J. Knight(pty:dft).(Wilson, Jacqueline) Modified text on 5/4/2020 (pp). |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply. Defendant, St. Tammany Parish Government shall file and serve responsive pleadings to #3 plaintiff's complaint no later than 05/12/2020. Signed by Judge Ivan L.R. Lemelle on 04/23/2020. (ko) Modified docket relationships on 4/23/2020 (ko).
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| Filing 10 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to #3 Complaint, by St Tammany Parish. (Attachments: #1 Proposed Order)Attorney Emily Couvillon added to party St Tammany Parish(pty:dft).(Couvillon, Emily) |
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Filing 9
ORDER: ORDERED that the Call Docket is satisfied as to St. Tammany Parish, Judge Schott Gardner, Judge William J. Knight, and Deputy Gary Nunez. Returns of service have been filed, rec. doc. 6. Considering that the plaintiff filed a deficient Motion for Extension of Time of Service of Summons, FURTHER ORDERED that the plaintiff cure the deficiency as set forth in the Notice of Deficient Filing. The Call Docket is passed until 5/4/2020 as to defendants State of Louisiana, Walter P. Reed, Trooper Thomas Noto, and Attorney David M. Dixon. Signed by Judge Ivan L.R. Lemelle on 04/13/2020.(ko)
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| Filing 8 NOTICE OF DEFICIENT ProSe DOCUMENT: re #7 Motion for Extension of Deadlines. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 5/4/2020. (pp) |
| Filing 7 **DEFICIENT**EXPARTE/CONSENT MOTION for Extension of Deadlines by Manuel Chapa. (pp) |
| Filing 6 SUMMONS Returned Executed; Scott Gardner served on 4/1/2020, answer due 4/22/2020; William J. Knight served on 4/1/2020, answer due 4/22/2020; Gary Nunez served on 4/1/2020, answer due 4/22/2020; St Tammany Parish served on 4/1/2020, answer due 4/22/2020. (Attachments: #1 Summons Return, #2 Summons Return, #3 Summons Return)(pp) |
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Filing 5
ORDER: IT IS ORDERED that on or before APRIL 10, 2020, plaintiffs shall file into the record the returns of service of process that have been affected on defendants. Failure to do so will result in the DISMISSAL of the unserved defendants without further notice. Signed by Judge Ivan L.R. Lemelle on 3/12/2020.(jls)
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| Filing 4 Summons Issued as to David M Dixon, Scott Gardner, William J. Knight, Louisiana State, Thomas Noto, Gary Nunez, Walter P Reed, St Tammany Parish. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(jls) (Mailed to defendant w/copy of complaint) |
| Filing 3 COMPLAINT against David M Dixon, Scott Gardner, William J. Knight, Louisiana State, Thomas Noto, Gary Nunez, Walter P Reed, St Tammany Parish (Filing fee $ 400) filed by Manuel Chapa. (Attachments: #1 Original Deficient Complaint, #2 Civil Cover Sheet)(jls) |
| Filing 2 NOTICE OF DEFICIENT ProSe COMPLAINT: re #1 Complaint. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 12/24/2019. (jls) |
| Filing 1 **DEFICIENT** COMPLAINT against David M Dixon, Scott Gardner, William J. Knight, Louisiana State, Thomas Noto, Gary Nunez, Walter P Reed, St Tammany Parish (Filing fee $ 400) filed by Manuel Chapa. (Attachments: #1 Civil Cover Sheet)(mm) Modified on 12/3/2019 (jls). |
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