Stevens v. St. Tammany Parish Government, et al
| Terri Lewis Stevens, Craig Rivera and Jennifer Rivera |
| St. Tammany Parish Government and Department of Environmental Quality State of Louisiana |
| Louis R Koerner, Jr |
| State of Louisiana, through the Department of Environmental Quality, Jennifer F Rivera and Criag Rivera |
| 2:2020cv00928 |
| March 17, 2020 |
| U.S. District Court for the Eastern District of Louisiana |
| Eldon E Fallon |
| Janis van Meerveld |
| Torts to Land |
| 33 U.S.C. § 1319 Clean Water Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 209
ORDER OF SATISFACTION. Signed by Judge Eldon E. Fallon on 11/15/2022.(mmm)
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Filing 208
SATISFACTION OF JUDGMENT by St. Tammany Parish Government re #207 Order on Motion for Attorney Fees,,,, Order on Motion of Objection to Report and Recommendations, entered In favor of St. Tammany Parish Government Against Craig Rivera, In favor of St. Tammany Parish Government Against Jennifer Rivera, In favor of St. Tammany Parish Government Against Terri Lewis Stevens (Brouillette, Donald)
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Filing 207
ORDER AND REASONS that #142 Motion for Attorney Fees is DENIED; FURTHER ORDERED that #179 Supplemental Motion for Attorney Fees is GRANTED and plaintiffs are ordered to pay St. Tammany Parish Government's reasonable attorneys' fees of $12,355.00. Signed by Judge Eldon E. Fallon on 10/17/2022. (lag)
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Filing 206
REPLY to Response to Motion filed by Louis R Koerner, Jr re #200 First OBJECTION TO REPORT AND RECOMMENDATIONS re #197 Report and Recommendations, and Alternative Motion to Review Report and Recommendation. (lag)
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Filing 205
ORDER granting #204 Motion for Leave to File reply. Signed by Judge Eldon E. Fallon on 10/11/2022. (lag)
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Filing 204
EXPARTE/CONSENT First MOTION for Leave to File Reply MIS of Objection To & Alternative Mtn to Review Magistrate's Report and Recommendation by Louis R Koerner, Jr. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Daly, David)
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Filing 203
Response/Reply by St. Tammany Parish Government to #200 First OBJECTION TO REPORT AND RECOMMENDATIONS re #197 Report and Recommendations, and Alternative Motion to Review Report and Recommendation (Brouillette, Donald)
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Filing 202
Correction of Docket Entry by Clerk re #198 First MOTION to Enroll as Counsel of Record ; Motion was filed in error. Re-filed by attorney at rec. doc. 199. (lag)
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Filing 201
ORDER granting #199 Motion to Enroll as Counsel of Record for Attorneys David Daly, Elliot Mitchell Lonker for Louis R Koerner, Jr. Signed by Judge Eldon E. Fallon on 9/21/2022. (lag)
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Filing 200
First OBJECTION TO REPORT AND RECOMMENDATIONS re #197 Report and Recommendations, and Alternative Motion to Review Report and Recommendation by Louis R Koerner, Jr. Motion(s) will be submitted on 10/12/2022. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Daly, David)
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Filing 199
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Louis R Koerner, Jr. (Attachments: #1 Proposed Order)(Daly, David)
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Filing 198
FILED IN ERROR: EXPARTE/CONSENT First MOTION to Enroll as Counsel of Record by Louis R Koerner, Jr. (Attachments: #1 Proposed Order)Attorney David Scranton Daly added to party Louis R Koerner, Jr(pty:selreq).(Daly, David) Modified on 9/22/2022 (lag).
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Filing 197
REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED that defendant's #142 MOTION for Attorney Fees and Costs and #179 Supplemental MOTION for Attorney Fees be GRANTED and that plaintiffs' counsel, Louis Koerner, be ordered to pay the reasonable attorneys' fees of $142,422.75 incurred by defendant St. Tammany Parish Government ("STPG"). Objections to R&R due by 9/21/2022. Signed by Magistrate Judge Janis van Meerveld on 9/6/2022.(ajn)
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Filing 196
Notice of Related Case(s) by St. Tammany Parish Government. (Brouillette, Donald)
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Filing 195
ORDER Denying #192 Motion for Leave to File Writ Application. Signed by Magistrate Judge Janis van Meerveld on 4/28/2022. (ajn)
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Filing 194
ORDER re #192 MOTION for Leave to File Writ Application. IT IS ORDERED that the motion be REFERRED to the Magistrate Judge. Signed by Judge Eldon E. Fallon on 4/26/2022.(lw)
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Filing 193
Correction of Docket Entry by Clerk re #192 MOTION for Leave to File Writ Application. 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. Clerk took corrective action. (lw)
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Filing 192
EXPARTE/CONSENT MOTION for Leave to File Writ Application by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Pleading, #2 State Court Pleadings Writ application)(Koerner, Louis) Modified text on 4/25/2022 (lw).
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Filing 191
REPLY to Response to Motion filed by St. Tammany Parish Government re #179 Supplemental MOTION for Attorney Fees . (Brouillette, Donald)
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Filing 190
RESPONSE/MEMORANDUM in Support filed by All Plaintiffs re #142 MOTION for Attorney Fees and Costs Final memo as ordered by the Court. (Koerner, Louis)
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Filing 189
ORDER: IT IS ORDERED that #180 MOTION to Continue is GRANTED in part and DENIED in part as set forth in document. The submission date for #179 Supplemental MOTION for Attorney Fees is Continued to 4/13/2022. Deadlines are set herein. Signed by Magistrate Judge Janis van Meerveld on 3/30/2022.(ajn)
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Filing 188
ORDER REFERRING MOTION: IT IS ORDERED that the #142 MOTION for Attorney Fees and Costs, #179 Supplemental MOTION for Attorney Fees, and #180 MOTION to Continue be REFERRED to the Magistrate Judge. The submission date for the #179 Supplemental Motion for Attorney's Fees is to be set by the Magistrate Judge. Signed by Judge Eldon E. Fallon on 3/24/2022.(cwa)
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Filing 187
REPLY to Response to Motion filed by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens re #180 MOTION to Continue, MOTION to Stay. (Attachments: #1 Exhibit)(cwa)
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Filing 186
ORDER granting #185 Motion for Leave to File Reply Memorandum. Signed by Judge Eldon E. Fallon on 3/8/2022. (cwa)
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Filing 185
EXPARTE/CONSENT MOTION for Leave to File Reply Brief to Motion to Continue by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Exhibit)(Koerner, Louis) Modified text on 3/8/2022 (lw).
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Filing 184
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #180 MOTION to Continue MOTION to Stay . (Attachments: #1 Exhibit 1 Judgment dated 25 February 2022)(Brouillette, Donald)
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Filing 183
ORDER granting #181 MOTION to Expedite R. Doc. 180. IT IS ORDERED that the submission date as to #180 MOTION to Continue, MOTION to Stay is RESET to March 11, 2022. Defendants' response to the Motion to Continue/Motion to Stay will be due on March 7, 2022. The submission date of Defendants' Supplemental Motion for Attorney's Fees, R. Doc. #179 , is SUSPENDED pending submission of the Motion to Continue/Motion to Stay. Signed by Judge Eldon E. Fallon on 2/24/2022.(mm)
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Filing 182
Correction of Docket Entry by Clerk re #180 MOTION to Continue, MOTION to Stay. 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. Clerk took corrective action. Additionally, filing attorney selected incorrect submission/hearing date. Correct date is 3/16/2022. Clerk took corrective action. (cwa)
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Filing 181
EXPARTE/CONSENT MOTION to Expedite R. Doc. 180 by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order)(Koerner, Louis) Modified text on 2/23/2022 (cwa).
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Filing 180
MOTION to Continue, MOTION to Stay by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 3/16/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Notice of Submission)(Koerner, Louis) Modified text/submission date/removed referral on 2/23/2022 (cwa).
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Filing 179
Supplemental MOTION for Attorney Fees by St. Tammany Parish Government. Motion(s) will be submitted on 3/2/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Affidavit of James L. Bradford, III, #3 Notice of Submission)(Brouillette, Donald)
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Filing 178
USCA JUDGMENT issued as mandate on 1/28/2022 as to #167 Notice of Appeal, filed by Terri Lewis Stevens, Jennifer Rivera, Craig Rivera. "IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED. IT IS FURTHER ORDERED that appellants pay to appellee the costs on appeal to be taxed by the Clerk of this Court." USCA judge name: KING, HIGGINSON, WILSON. (Attachments: #1 Opinion, #2 Transmittal Letter)(cwa)
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Filing 177
ORDER of USCA: IT IS ORDERED that the appellants' opposed motion to suspend briefing notice pending a ruling on the motion to stay further proceedings in this case is DENIED AS MOOT. USCA Judge Name: James L. Dennis (Attachments: #1 Transmittal Letter)(jeg)
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Filing 176
ORDER of USCA: IT IS ORDERED that the Appellants' opposed motion to stay further proceedings in this court to permit disposition of pending appeals in state court proceedings, is DENIED. USCA Judge Name: James L. Dennis. (Attachments: #1 Transmittal Letter)(jeg)
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Filing 175
SUPPLEMENTAL Electronic Record on Appeal Access Granted to Louis Roy Koerner, Jr, Donald Stephen Brouillette, Jr, James L. Bradford, III, Kirk Norris Aurandt re #167 Notice of Appeal,. USCA Case Number 20-30644. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as)
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Filing 174
APPEAL TRANSCRIPT of Motion Hearing held on July 8, 2020 before Judge Janis van Meerveld. Court Reporter/Recorder Jodi Simcox, Telephone number 504-589-7780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 3/1/2021. (rsg)
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Filing 173
APPEAL TRANSCRIPT of Motion Hearing held on June 23, 2020 before Judge Eldon E. Fallon. Court Reporter/Recorder Cathy Pepper, Telephone number 504-589-7779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 2/22/2021. (rsg)
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Filing 172
Correction of Docket Entry by Clerk re #171 Appeal Transcript Request. **Filing attorney incorrectly linked document to document 167. Clerk properly linked document to document 130. No further action necessary.** (jeg)
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Filing 171
APPEAL TRANSCRIPT REQUEST by St. Tammany Parish Government for proceedings held on 7/8/2020 re #130 Minute Entry. (Transcript(s) ordered) (Court Reporter Jodi Simcox noticed) (Brouillette, Donald) Modified text/linkage on 10/29/2020 (jeg).
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Filing 170
Correction of Docket Entry by Clerk re #169 Appeal Transcript Request. **Filing attorney incorrectly linked document to document 167. Clerk properly linked document to document 111. No further action necessary.** (jeg)
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Filing 169
APPEAL TRANSCRIPT REQUEST by St. Tammany Parish Government for proceedings held on 6/23/2020 re #111 Minute Entry. (Transcript(s) ordered) (Court Reporter Cathy Pepper noticed) (Brouillette, Donald) Modified text/linkage on 10/29/2020 (jeg).
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Filing 168
Electronic Record on Appeal Access Granted to Louis Roy Koerner, Jr, Donald Stephen Brouillette, Jr, James L. Bradford, III, Kirk Norris Aurandt re #167 Notice of Appeal,. USCA Case Number 20-30644. Instructions for access are posted on http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (as)
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Filing 167
NOTICE OF APPEAL by All Plaintiffs as to #139 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, #140 Judgment, #166 Order and Reasons. (Filing fee $ 505, receipt number ALAEDC-8550290.) (Koerner, Louis) Modified text/linkage on 10/16/2020 (jeg).
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Filing 166
ORDER AND REASONS DENYING #143 Motion to Amend and/or Reconsider Judgment. Signed by Judge Eldon E. Fallon on 10/15/2020. (jeg)
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Filing 165
REPLY to Response to Motion filed by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens re #143 MOTION to Alter Judgment under Rule 59(e) and MOTION to Stay. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(jeg)
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Filing 164
ORDER GRANTING #163 Motion for Leave to File; Motion for Leave to File Excess Pages. Signed by Judge Eldon E. Fallon on 9/16/2020. (jeg)
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Filing 163
EXPARTE/CONSENT MOTION for Leave to File and MOTION for Leave to File Excess Pages reply memorandum on Ruile 59(e) motion, by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply memorandum, #3 Exhibit Table of Exhibits for 59(e) motion, #4 Exhibit 4- 200616 STPG Original Brie, #5 Exhibit 5 - August 26, 2020 COUNCIL MTG TRANSCRIPT, #6 Exhibit 6- DEQ letter to K.Davis 2007 Exh R, #7 Exhibit 7- EPA DEQ STPG LPBF 2009 FECAL COLIFORM LIMITS P10053N6, #8 Exhibit 8 -LPBF grant award letter SEE PAGEs 10-18, #9 Exhibit 9 - 03-10-2020 STPG STORMWATER MGMT PLAN TO DEQ)(Koerner, Louis) Modified text on 9/15/2020 (jeg).
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Filing 162
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #143 MOTION to Alter Judgment under Rule 59(e) and MOTION to Stay . (Brouillette, Donald)
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Filing 161
Sur-Reply Memorandum filed by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens, to #142 MOTION for Attorney Fees and Costs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(jeg)
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Filing 160
ORDER GRANTING IN PART AND DENYING IN PART #157 Motion for Leave to File a sur-reply and an opposition. The motion is granted with regard to Plaintiffs' request to file a sur-reply to STPG's reply memorandum, R. Doc. 159. Accordingly, Plaintiffs' sur-reply memorandum, R. Doc. 157-2 is hereby filed into the record. The motion is denied to the extent Plaintiffs request that their memorandum be construed as an opposition to STPG's Motion for Leave to File Reply, R.Doc. 155. Signed by Judge Eldon E. Fallon on 9/2/2020. (jeg)
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Filing 159
REPLY to Response to Motion filed by St. Tammany Parish Government re #142 MOTION for Attorney Fees and Costs. (jeg)
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Filing 158
ORDER GRANTING #155 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 9/2/2020. (jeg)
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Filing 157
EXPARTE/CONSENT MOTION for Leave to File opposition and sur-reply by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 1 -DPR1 Nullity appeal sending record to First Circuit 9-1-20, #4 Exhibit 2 - DPR1 Motion and order for expedite appeal 8-27-20 and attachments, #5 Exhibit 3- Calendar for 9-21-20)(Koerner, Louis)
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Filing 156
ORDER Denying defendant's #149 Motion to Strike. IT IS FURTHER ORDERED that plaintiff's #146 Motion for Leave to Amend is Denied without prejudice. Signed by Magistrate Judge Janis van Meerveld on 9/1/2020. (ajn)
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Filing 155
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Attorney's Fees & Costs (rec. doc. 142) by St. Tammany Parish Government. (Attachments: #1 Proposed Pleading - Reply Memorandum in Support of Motion for Attorney's Fees & Costs, #2 Proposed Order)(Brouillette, Donald) Modified text on 9/1/2020 (jls).
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Filing 154
Correction of Docket Entry by Clerk re #153 Response/Memorandum in Opposition to Motion. **Filing attorney incorrectly linked document to document 150. Clerk removed linkage. No further action necessary.** (jeg)
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Filing 153
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #149 MOTION to Strike #146 MOTION for Leave to File opposed motion to file third amended complaint. (Attachments: #1 Exhibit 1-LPBF emails, #2 Exhibit 2-EPA emails, #3 Exhibit 3-Doc 119-10 exh 6 LPBF Progress report PC4 PG 25-HIGHLIGHTED, #4 Exhibit 4-SPOC letters, #5 Exhibit 5-05-10-19 LPDES COMPLIANCE REPORT 11728702, #6 Exhibit 6-03-22-19 SUPPLEMENT TO 2017 MS4 11582931)(Koerner, Louis) Modified text on 8/31/2020 (jeg).
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Filing 152
ORDER granting #150 Motion to Expedite Hearing on #149 Motion to Strike. Plaintiffs shall file their opposition memorandum by 8/28/2020, and the motion shall be deemed under submission at that time. IT IS FURTHER ORDERED that the submission date for the Motion for Leave to File Third Amended Complaint (Rec. Doc. 146) is hereby CONTINUED to 9/16/2020. Signed by Magistrate Judge Janis van Meerveld on 8/26/2020. (ajn)
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Filing 151
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #142 MOTION for Attorney Fees and Costs . (Koerner, Louis)
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Filing 150
EXPARTE/CONSENT MOTION to Expedite Motion to Strike Plaintiffs' Motion for Leave to File Third Amended Complaint by St. Tammany Parish Government. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order)(Brouillette, Donald)
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Filing 149
MOTION to Strike #146 MOTION for Leave to File opposed motion to file third amended complaint by St. Tammany Parish Government. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 9/9/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Brouillette, Donald)
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Filing 148
Correction of Docket Entry by Clerk re #147 Amended Complaint. **Document incorrectly filed as a separate entry. Document is correctly attached to rec doc 146 as proposed pleading. For future filings, the proposed pleading should only be filed as an attachment to the motion and not a separate entry. No further action necessary.** (jeg)
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Filing 147
**ERROR- See Correct document rec doc 146** Third AMENDED COMPLAINT with Jury Demand Part of Docs 146-147 inadvertently not filed against All Plaintiffs filed by Terri Lewis Stevens, Jennifer Rivera.(Koerner, Louis) Modified on 8/21/2020 (jeg).
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Filing 146
MOTION for Leave to File opposed motion to file third amended complaint by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 9/9/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 Hendrichs email, #3 Affidavit 2 Dr.Chuck Carr Brown, #4 Exhibit 3 Reply brief in La. 1st Cir, #5 Notice of Submission)(Koerner, Louis) (Additional attachment(s) added on 8/21/2020: #6 Proposed Pleading Amended Complaint) (jeg).
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Filing 145
**DEFICIENT** MOTION for Leave to File Third amended complaint by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 9/9/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading Third amended complaint, #3 Exhibit 1 email Hendricks, #4 Affidavit Dr. Chuck Crr Brown, #5 Exhibit Reply brief in state court, #6 Notice of Submission)(Koerner, Louis) Modified on 8/20/2020 (jeg).
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Filing 144
Correction of Docket Entry by Clerk re #143 MOTION for New Trial amend under Rule 59(e). **1.Filing attorney selected incorrect event. Correct event is MOTION to Alter Judgment. Clerk took corrective action by changing the event. 2.Filing attorney selected incorrect submission/hearing date. Correct date is 9/16/2020. Clerk took corrective action. 3.Filing attorney selected only one relief for a multiple-relief motion. To select multiple reliefs, you must select all applicable reliefs by clicking the additional relief(s) under 'Available Events' before clicking the Next button. Clerk took corrective action by adding MOTION to Stay as reliefs. No further action necessary.** (jeg)
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Filing 143
MOTION to Alter Judgment under Rule 59(e) and MOTION to Stay by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 9/16/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis) Modified text/event/submission date on 8/20/2020 (jeg). .
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Filing 142
MOTION for Attorney Fees and Costs by St. Tammany Parish Government. Motion(s) will be submitted on 9/2/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit Affidavit of James L. Bradford, III, #3 Notice of Submission)(Brouillette, Donald)
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Filing 141
TRANSCRIPT of Motion Hearing held on July 22, 2020 before Judge Eldon E. Fallon. Court Reporter/Recorder Cathy Pepper, Telephone number 504-589-7779. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/3/2020. (rsg)
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Filing 140
JUDGMENT entered in favor of St. Tammany Parish Government against Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Signed by Judge Eldon E. Fallon on 7/23/2020.(jeg)
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Filing 139
ORDER & REASONS that the Plaintiffs' #15 Motion for Preliminary Injunction and Permanent Injunction is DENIED. Signed by Judge Eldon E. Fallon on 7/23/20. (dno)
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Filing 138
ORDER & REASONS that Defendant, St. Tammany Parish Government's #65 Motion to Dismiss for Failure to State a Claim is GRANTED and this lawsuit is dismissed with prejudice. Signed by Judge Eldon E. Fallon on 7/23/20. (dno)
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Filing 137
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Motion Hearing was held on 7/22/2020 re #15 MOTION for Preliminary Injunction, MOTION for Permanent Injunction against St. Tammany Parish Government. After argument was heard by telephone Motion was taken under submission (Court Reporter Cathy Pepper.) (jeg)
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Filing 136
Manual Attachment Received re #134 MOTION for Leave to File supplement to Doc. 133; #135 MOTION for Leave to File Exhibits 46-62 and declarations- One CD containing video footage (jeg)
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Filing 135
EXPARTE/CONSENT MOTION for Leave to File Exhibits 46-62 and declarations by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Exhibit Updated list of additional Exhibits 7-20-20, #3 Exhibit 46 NOTICE OF MANUAL ATTACHMENT Ex 46, #4 Exhibit 47 NOTICE OF MANUAL ATTACHMENT Ex 47, #5 Exhibit 48 NOTICE OF MANUAL ATTACHMENT Ex 48, #6 Exhibit 49 NOTICE OF MANUAL ATTACHMENT Ex 49, #7 Exhibit 50 NOTICE OF MANUAL ATTACHMENT Ex 50, #8 Exhibit 51NOTICE OF MANUAL ATTACHMENT Ex 51, #9 Exhibit 52 NOTICE OF MANUAL ATTACHMENT Ex 52, #10 Exhibit 53 NOTICE OF MANUAL ATTACHMENT Ex 53, #11 Exhibit 58 NOTICE OF MANUAL ATTACHMENT Ex 58, #12 Exhibit 59 NOTICE OF MANUAL ATTACHMENT Ex 59, #13 Exhibit 62 NOTICE OF MANUAL ATTACHMENT Ex 62, #14 Exhibit 54 Second Unsworn Declaration of Anthony Guciardo 7-20-20, #15 Exhibit 55. Betsy Pitts Declaration 7-10-20, #16 Exhibit 56. Binder of photographs taken by Betsy Pitts on 4-7-20, #17 Exhibit 57. DPR1 Fifth TLS Declaration 7-20-20, #18 Exhibit 60. 07-14-20 SPOC Criminal Investigation Section Complaint Form, #19 Exhibit 61. Covid19 cases in DPS tract July 13, 2020)(Koerner, Louis)
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Filing 134
EXPARTE/CONSENT MOTION for Leave to File supplement to Doc. 133 by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Exhibit 28 (New) LPBF Progress report PC4 PG 25-HIGHLIGHTED, #3 Exhibit 37. 8-577 lb per day NFWS Five Star & Urban Waters Restoration Grant Application FY2016 ETTE SMYTHE BIO, #4 Exhibit 41. Unsworn Declaration of Dane Lumetta dated July 17, 2020)(Koerner, Louis)
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Filing 133
EXPARTE/CONSENT MOTION for Leave to File Excess Pages , MOTION for Leave to File Reply memorandum in support of motion for injunction by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Order Reply Memorandum, #3 Exhibit List of Exhibits, #4 Exhibit 28. STPG's Doc 119-10, #5 Exhibit 29. 2019 MS4 Application excerpts, #6 Exhibit 30. 2-St.Tammany_DMP_Gagliano, #7 Exhibit 31. MS4 SWMP, #8 Exhibit 32. PONCH POLLUTED BY SEPTIC TREATMENT 18_IR1_App_A_WQ_Assess_EPA_Approved_CORRECTED_2-10-20-2, #9 Exhibit 33. 5-Final_Tchefuncte_River_040802_DO_TMDL_02022012 directed to MS4, #10 Exhibit 34. Holly Thomas 2018 crunched deposition and Exhibit 4., #11 Exhibit 35. 75' frontage required by 1956 plat, #12 Exhibit 36. 7- BLOCK LETTERS and servitude request, #13 Exhibit 38. B-7 Thibodeaux Jan 2015 report corrected by Roninger, #14 Exhibit 39. B-10 ZEMMER INCLUDES DPS IN WW DRAINAGE RE_ Westwood Regional Detention Pond (41)clean, #15 Exhibit 40. 9-DPRW fund move doc-3260-1416608300 dove pk widening fund shift 12-2014, #16 Exhibit 42. Lumetta Attached letters and images 7-17-20, #17 Exhibit 44. 12-10775719 CEMETERY FINAL 08-2017 MCHUGH CEMETERY COPRS SUBMITTAL 2017, #18 Exhibit 45. 13-McClain survey 5-17-17 lowest lying points FLAT CROPPED)(Koerner, Louis)
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Filing 132
ORDER Granting #126 Motion for Leave to File Exhibits. IT IS ORDERED that plaintiffs proposed exhibits 1-27 to their Reply in Support of their Motion for Leave to File Second Amended Complaint shall be filed into the record as exhibits to said Reply. Signed by Magistrate Judge Janis van Meerveld on 7/9/2020. (ajn)
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Filing 131
REPLY to Response to Motion filed by St. Tammany Parish Government re #65 MOTION to Dismiss for Failure to State a Claim. (jeg)
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Filing 129
ORDER GRANTING #106 Motion for Leave to File Reply. Signed by Judge Eldon E. Fallon on 7/8/2020. (jeg)
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Filing 128
REPLY/MEMORANDUM in Support filed by All Plaintiffs re #87 MOTION for Leave to File Second Amended Complaint. (Attachments: #1 Declaration of Terri Lewis Stevens, #2 List of Exhibits)(ajn) (Additional attachment(s) added on 7/10/2020: #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 12a, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27) (ajn).
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Filing 127
ORDER Granting #125 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 7/8/2020. (ajn)
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Filing 130
Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Oral Argument was conducted via video conference on 7/8/2020 re #96 MOTION to Enforce Waiver of Attorney-Client Privilege and for Attorney Depositions. ORDERED: The motion is DENIED as premature. (Court Reporter Jodi Simcox.) (ajn)
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Filing 126
EXPARTE/CONSENT MOTION for Leave to File Exhibits by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Exhibit 1. MS4 LPDES MASTER LAR040000, #3 Exhibit 2. DEQ REITERATES OUTFALL PERMISSIONS 2020 Part_III_Standard_Condition, #4 Exhibit 3. 06-19-19 and 02-08-20 letters to DEQ legal David McCay et al (2).pdf, #5 Exhibit 4. 2017_SWMP_(with_Appendices) NO DESIGNATED OUTFALL AT 725., #6 Exhibit 5. Obligations under the LPDES permit for outfalls LAG420000Final see page 38.pdf, #7 Exhibit 6. DEQ NOI LETTER noticing STPG 05-22-20 12194973.pdf, #8 Exhibit 7. Dauzat DEQ proclaimed in 2015 that DEQ has no jurisidction once the sewage leaves the conveyance ditch, #9 Exhibit 8. 2017_SWMP_(with_Appendices) OUTFALL MAPPING AND TESTING.pdf, #10 Exhibit 9. Groby testimony 2018.pdf, #11 Exhibit 10. 060118 Stevens v STPG.PDF, #12 Exhibit 11. 2018 WELCH SMELL ON THE STREET IS TERRIBLE FW COUN DPW RYKERT SWALLOW ST DRAINAGE, #13 Exhibit 12. Groby testimony 2018.pdf, #14 Exhibit 12 12a. Pittman testimony 3-27-15, #15 Exhibit 13. WELCH DECLARATION 04-07-20.pdf, #16 Exhibit 14. GUCIARDO DECLARATION 04-07-20.pdf, #17 Exhibit 15. Analytical Environmental Testing results 04-15-15 pgs 1-3, #18 Exhibit 16. 06-09-19 SPOC INSPECTION REPORT STPG ADMITS SEWAGE 11736586, #19 Exhibit 17. October 23, 2019 Water Quality Impact PP StTammanyWQIM_Smythe-1., #20 Exhibit 18. Foam 2017 buildup on Stevens driveway, #21 Exhibit 19. Screengrab Lot 38 permit 2020, #22 Exhibit 20. Screengrab Lot 39 permit 2020-.pdf, #23 Exhibit 21. Screengrab Lot 16 50' frontage building permit granted 2020, #24 Exhibit 22. 1956 DPS plan map 16A.pdf, #25 Exhibit 23. ORDINANCE_CAL._NO._5681AA DPS SPECIFICALLY REQUIRED TO MAINTAIN 75' LOT 2016., #26 Exhibit 24. Oct 09 2018 approval to build on substandard lot in DPS 11132018_PC_Meeting_Packet, #27 Exhibit 25 -MAD 2019_2ndQuarterlyReport DOVE PK WNV hazards on pg 5-7, #28 Exhibit 26 MAD 2020_Q1_Report COVID IN SEWAGE COVERED PGS 5-6, #29 Exhibit 27 - USGS NO INTERMITTENT STREAM DESIGNATION 1991-1994)(Koerner, Louis)
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Filing 125
EXPARTE/CONSENT MOTION for Leave to File reply memorandum on motion to amend, declaration and exhibits to be file, MOTION for Leave to File Excess Pages by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Affidavit Terri Lewis Stevens, #4 Exhibit list of exhibits to be filed in the morning)(Koerner, Louis)
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Filing 124
EXPARTE/CONSENT MOTION for Leave to File reply memorandum on disqualification by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply memo, #3 Exhibit 11. Transcript of proceedings 7-13-18, #4 Exhibit 12. STP MUNICODE OF ORDINANCES Sec._18_181.___Penalties, #5 Exhibit 13. LPBF PROPOSAL w.o budget detail 8-3-17 GOMP, #6 Exhibit 14. Watershed report, #7 Exhibit 15. St.Tammany_DMP_Gagliano WHOLE PP SEPT 23 2019.)(Koerner, Louis)
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Filing 123
REPLY/MEMORANDUM in Support filed by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens re #96 MOTION to Enforce Waiver of Attorney-Client Privilege and for Attorney Depositions. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15)(ajn)
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Filing 122
ORDER Granting #121 Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 7/2/2020. (ajn)
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Filing 121
EXPARTE/CONSENT MOTION for Leave to File reply memorandum on attorney-client privilege by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15)(Koerner, Louis)
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Filing 120
ORDER: IT IS HEREBY ORDERED that oral argument for #15 MOTION for Preliminary and Permanent Injunction, will be heard at 10:00 AM on Wednesday, July 22, 2020 as set forth in document. IT IS FURTHER ORDERED that the parties use the following dial in information to participate. Parties are expected to be on the line at least five minutes prior to the scheduled start time. Dial-in: (877) 336-1839 Access Code: 422740. Signed by Judge Eldon E. Fallon on 6/29/2020.(jeg)
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Filing 119
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #15 MOTION for Preliminary Injunction against St. Tammany Parish Government MOTION for Permanent Injunction against St. Tammany Parish Government . (Attachments: #1 Affidavit Exh. A - Smythe Declaration, #2 Exhibit A-1 - CV, #3 Exhibit A-2 - 1968 USGS Map, #4 Exhibit A-3 - 2015 USGS Map, #5 Exhibit A-4 - LPDES Permit, #6 Exhibit A-5 - SWMP Part 1, #7 Exhibit A-5 - SWMP Part 2, #8 Exhibit A-5 - SWMP Part 3, #9 Exhibit A-5 - SWMP Part 4, #10 Exhibit A-6 EPA Progress Report, #11 Affidavit Exh. B - Schenk Declaration, #12 Exhibit B-1 - LPDES Permit, #13 Exhibit B-2 - SWMP Part 1, #14 Exhibit B-2 - SWMP Part 2, #15 Exhibit B-2 - SWMP Part 3, #16 Exhibit B-2 - SWMP Part 4, #17 Affidavit Exh. C - Joyner Declaration, #18 Exhibit C-1 - Egret Street Log, #19 Exhibit C-2 - Swallow Street Log, #20 Exhibit C-3 - Photographs)(Brouillette, Donald)
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Filing 118
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #97 MOTION to Disqualify Counsel . (Attachments: #1 Exhibit A - Transcript of Conversation, #2 Exhibit B - Plaintiffs' Motion to Disqualify, #3 Exhibit C - STPG Opposition to Motion to Disqualify, #4 Exhibit D - Reasons for Judgment, #5 Exhibit E - Judgment)(Brouillette, Donald)
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Filing 117
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #87 MOTION for Leave to File second amended complaint . (Brouillette, Donald)
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Filing 116
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #103 MOTION to Dismiss motions to dismiss as moot . (Brouillette, Donald)
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Filing 115
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #104 MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court . (Brouillette, Donald)
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Filing 114
**DEFICIENT** REPLY to Response to Motion filed by All Plaintiffs re #96 MOTION to Enforce waiver of attorney-client privilege and for attorney depositions . (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15)(Koerner, Louis) Modified on 6/30/2020 (jeg).
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Filing 113
ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that oral argument on MOTION to Enforce Waiver of Attorney-Client Privilege and for Attorney Depositions #96 will be held via VIDEO CONFERENCE on Wednesday, 7/8/2020, at 11:00 a.m., before Magistrate Judge Janis van Meerveld. Personal appearance is not allowed. A Zoom for Government link to join the conference will be circulated to counsel of record via email. FURTHER ORDERED that the Court will only grant leave to file a memorandum in reply if (1) the proposed memorandum addresses issues raised by the memorandum in opposition, but not addressed in the original memorandum in support, and (2) the proposed memorandum and motion for leave are filed into the record by 6/29/2020. Signed by Magistrate Judge Janis van Meerveld on 6/25/2020.(caa)
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Filing 112
RESPONSE/MEMORANDUM in Opposition filed by St. Tammany Parish Government re #96 MOTION to Enforce waiver of attorney-client privilege and for attorney depositions . (Attachments: #1 Exhibit A - Motion to Disqualify, #2 Exhibit B - Opposition to Motion for Oral Discovery, #3 Exhibit C - Reasons for Judgment, #4 Exhibit D - Judgment Denying Motion to Disqualify, #5 Exhibit E - Transcript)(Brouillette, Donald)
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Filing 111
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Motion Hearing was held on 6/23/2020 re #65 MOTION to Dismiss for Failure to State a Claim filed. After argument was heard by telephone Motion was taken under submission. (Court Reporter Cathy Pepper.) (jeg)
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Filing 110
EXPARTE/CONSENT MOTION for Leave to File supplemental memo and opposition by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Pleading, #2 Proposed Order, #3 Errata STPG appellate brief)(Koerner, Louis)
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Filing 109
Correction of Docket Entry by Clerk re #104 OBJECTION TO REPORT AND RECOMMENDATIONS. **Filing attorney selected incorrect event. Correct event is MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court. Clerk took corrective action by changing the event. no further action necessary** (jeg)
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Filing 108
NOTICE of Voluntary Dismissal Without Prejudice as to Louisiana Department of Environmental Quality by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Koerner, Louis)
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Filing 107
EXPARTE/CONSENT MOTION for Leave to File reply memorandum by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Order, #2 Proposed Pleading reply memo, #3 Exhibit Ex. A to reply memo)(Traina, Richard)
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Filing 106
EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Excess of Page Limit by St. Tammany Parish Government. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Memorandum in Support of Rule 12(b)(6) Motion to Dismiss)(Brouillette, Donald)
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Filing 105
EXPARTE/CONSENT MOTION to Expedite objection to magistrate's ruling by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order)(Koerner, Louis)
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Filing 104
MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re #95 Order by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 7/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis) Modified text/event on 6/22/2020 (jeg).
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Filing 103
MOTION to Dismiss motions to dismiss as moot by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 7/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis)
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Filing 102
ORDER: IT IS ORDERED that oral argument on Defendant St. Tammany Parish Governments Motion to Dismiss and Defendant Louisiana Department of Environmental Qualitys Motion to Dismiss, R. Docs. 65, 66, take place via telephone due to ongoing concerns with the COVID-19 pandemic. The oral argument remains scheduled for Tuesday, June 23, 2020 at 9:00 a.m. IT IS FURTHER ORDERED that the parties use the following dial in information to participate. Parties are expected to be on the line at least five minutes prior to the scheduled start time. Dial-in: (877) 336-1839 Access Code: 4227405. Signed by Judge Eldon E. Fallon on 6/15/2020.(jeg)
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Filing 101
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #65 MOTION to Dismiss for Failure to State a Claim, #66 MOTION to Dismiss for Failure to State a Claim upon which relief can be granted MOTION to Dismiss for Lack of Jurisdiction as a result of Eleventh Amendment immunity . (Koerner, Louis)
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Filing 100
**DEFICIENT** OBJECTION TO REPORT AND RECOMMENDATIONS re #95 Order Setting/Resetting Hearing on Motion,,, Terminate Motions,, , MOTION dismiss motions to dismiss as moot by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 7/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis) Modified on 6/16/2020 (jeg).
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Filing 99
Correction of Docket Entry by Clerk re #96 MOTION to Enforce waiver of attorney-client privilege and for attorney depositions. **Filing attorney selected incorrect submission date. Correct submission date is 71/2020 Clerk took corrective action. No further action necessary.** (jeg)
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Filing 98
Correction of Docket Entry by Clerk re #96 MOTION to Enforce waiver of attorney-client privilege and for attorney depositions. **Filing attorney selected incorrect event. Correct event is Motion for Miscellaneous Relief, and then type appropriate relief. Clerk took corrective action by changing the event. No further action necessary.** (jeg)
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Filing 97
MOTION to Disqualify Counsel by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 7/8/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis)
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Filing 96
MOTION to Enforce waiver of attorney-client privilege and for attorney depositions by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 7/1/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit 2 Transcript, #4 Exhibit 3 state court motion to disqualify, #5 Exhibit 4 first setting, #6 Exhibit 5 TR first hearing, #7 Exhibit 6 reassignment, #8 Exhibit 7 TR 6-8-17, #9 Exhibit 8 Notice of judgment, #10 Exhibit 9 Writ denial, #11 Affidavit 10 Stevens third declaration)(Koerner, Louis) Modified text/event/Submission date on 6/12/2020 (jeg).
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Filing 95
ORDER: IT IS ORDERED that #86 MOTION for Leave to File Excess Pages is GRANTED; because the Plaintiffs have already filed their proposed Memorandum in Support, the Clerk of Court need not take any further action at this time. IT IS ORDERED that #90 MOTION to Expedite hearing on motion to file Second Amended Complaint is DENIED. IT IS FURTHER ORDERED that the submission date for #87 MOTION for Leave to File Second Amended Complaint is hereby CONTINUED to 7/8/2020. Signed by Magistrate Judge Janis van Meerveld on 6/10/2020.(ajn)
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Filing 94
Correction of Docket Entry by Clerk re #92 MOTION to Disqualify Counsel. **Document filed in error, and will be noted as such. No further action necessary.** (jeg)
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Filing 93
**DEFICIENT** MOTION to Disqualify Counsel by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 6/23/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit 2 transcript, #4 Exhibit 3 Motion filed in state court, #5 Exhibit 4 notice of hearing, #6 Exhibit 5 5-18-17, #7 Exhibit 6 reassignment, #8 Exhibit 7 TR 6-8-17, #9 Exhibit 8 Notice of judgment, #10 Exhibit 9 Writ denial, #11 Affidavit 10 Third declaration)(Koerner, Louis) Modified on 6/10/2020 (jeg).
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Filing 92
**ERROR- See correct document rec doc 93** MOTION to Disqualify Counsel by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 6/23/2020. (Koerner, Louis) Modified on 6/10/2020 (jeg).
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Filing 91
RESPONSE/MEMORANDUM in Opposition filed by Department of Environmental Quality State of Louisiana re #90 MOTION to Expedite hearing on motion to file second amended complaint . (Traina, Richard) Modified text on 6/9/2020 (jeg).
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Filing 90
EXPARTE/CONSENT MOTION to Expedite hearing on motion to file second amended complaint by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Koerner, Louis) Modified text on 6/9/2020 (jeg).
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Filing 89
Correction of Docket Entry by Clerk re #87 MOTION for Leave to File second amended complaint. **1. Document should've been filed as Proposed Pleadings attached to rec doc 86. Please follow this requirement in the future. 2. Filing attorney selected incorrect submission/hearing date. Correct date is 6/24/2020. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 88
Correction of Docket Entry by Clerk re #87 MOTION for Leave to File second amended complaint, #86 MOTION for Leave to File Excess Pages. **Filing attorney should have 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 Magistrate Judge. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 87
MOTION for Leave to File second amended complaint by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 6/24/2020. (Attachments: #1 Proposed Pleading, #2 Memorandum in Support, #3 Notice of Submission)(Koerner, Louis) Modified text/referral/submission date on 6/4/2020 (jeg).
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Filing 86
EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) referred to Janis van Meerveld. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Koerner, Louis) Modified text/referral on 6/4/2020 (jeg).
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Filing 85
**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File second amended complaint with proposed complaint and correct order by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order corrected, #2 Proposed Pleading inadvertently not filed)(Koerner, Louis) Modified on 6/3/2020 (jeg).
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Filing 84
**DEFICIENT** EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading motion to file second amended complain, #3 Memorandum in Support, #4 Proposed Order granting leave to file second amended complaint)(Koerner, Louis) Modified on 6/3/2020 (jeg).
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Filing 83
ORDER GRANTING #82 MOTION to Continue all substantive motions. IT IS FURTHER ORDERED that the submission dates on #65 MOTION to Dismiss for Failure to State a Claim, #66 MOTION to Dismiss for Failure to State a Claim are hereby CONTINUED to Tuesday, June 23, 2020 at 9:00 a.m. Oral argument will be heard on the Motions in-person (unless modified at a later date). IT IS FURTHER ORDERED that the submission date on #15 MOTION for Preliminary Injunction, MOTION for Permanent Injunction against St. Tammany Parish Government, #36 MOTION for Preliminary Injunction, MOTION for Permanent Injunction against the Louisiana Department of Environmental Quality are hereby CONTINUED to Wednesday, July 8, 2020 at 9:00 a.m. Oral argument will be heard on the Motions in-person (unless modified at a later date). IT IS FURTHER ORDERED that the #68 MOTION to Continue and #72 MOTION to Continue are hereby DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 5/18/2020.(jeg)
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Filing 82
EXPARTE/CONSENT MOTION to Continue all substantive motions by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Exhibit conflicting pretrial conference order)(Koerner, Louis)
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Filing 81
ORDER: IT IS ORDERED that #77 Motion for Extension of Time to File Response/Reply and #79 Motion for Extension of Time to File Response/Reply are hereby GRANTED. Both Defendants oppositions to Plaintiffs' Motions for Preliminary Injunction are due on May 21, 2020. IT IS FURTHER ORDERED that #78 Motion to Expedite and #80 Motion to Expedite are hereby DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 5/15/2020. (jeg)
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Filing 80
EXPARTE/CONSENT MOTION to Expedite hearing on first motion for extension of time to file opposition to the plaintiffs' motion for entry of preliminary and permanent injunction by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Order)(Traina, Richard)
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Filing 79
First MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Preliminary Injunction against the Louisiana Department of Environmental Quality MOTION for Permanent Injunction against the Louisiana Department of Environmental Quality by Department of Environmental Quality State of Louisiana. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Traina, Richard)
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Filing 78
EXPARTE/CONSENT MOTION to Expedite Motion for Extension of Time to File Opposition to Plaintiffs' Request for Injunctive Relief by St. Tammany Parish Government. (Attachments: #1 Proposed Order)(Brouillette, Donald)
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Filing 77
MOTION for Extension of Time to File Response/Reply as to #15 MOTION for Preliminary Injunction against St. Tammany Parish Government MOTION for Permanent Injunction against St. Tammany Parish Government by St. Tammany Parish Government. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Brouillette, Donald)
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Filing 76
ORDER GRANTING #73 MOTION to Expedite hearing on motion to continue hearing on plaintiffs' injunction motion. Plaintiffs' Opposition to the #72 Motion to Continue Hearing, if any, shall be due by Monday, May 18, 2020 and Defendant's Reply, if any, shall be due by Wednesday, May 20, 2020.IT IS FURTHER ORDERED that the submission date on Defendant Louisiana Department of Environmental Quality's Motion to Continue Hearing, R. Doc. 72, is herebyRESET to Wednesday, May 20, 2020. Signed by Judge Eldon E. Fallon on 5/13/2020.(jeg)
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Filing 75
ORDER GRANTING #71 Motion to Enroll as Counsel of Record for Attorney Ashley Kristen Plunkett for Department of Environmental Quality State of Louisiana. Signed by Judge Eldon E. Fallon on 5/13/2020. (jeg)
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Filing 74
ORDER GRANTING #69 MOTION to Expedite Motion to Continue Preliminary Injunction Hearing. Plaintiffs' Opposition to the Motion to Continue Hearing, if any, shall be due by Monday, May 18, 2020 and Defendant's Reply, if any, shall be due by Wednesday, May 20, 2020. IT IS FURTHER ORDERED that the submission date on Defendant St. Tammany Parish Government's Motion to Continue Hearing, R. Doc. 68, is hereby RESET to Wednesday, May 20, 2020. Signed by Judge Eldon E. Fallon on 5/13/2020.(jeg)
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Filing 73
EXPARTE/CONSENT MOTION to Expedite hearing on motion to continue hearing on plaintiffs' injunction motion by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Order)(Traina, Richard)
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Filing 72
MOTION to Continue hearing on plaintiffs' injunction motion by Department of Environmental Quality State of Louisiana. Motion(s) will be submitted on 6/10/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Traina, Richard)
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Filing 71
EXPARTE/CONSENT Third MOTION to Enroll as Counsel of Record Ashley K. Plunkett by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Orderl)(King, Dwana) Modified text on 5/14/2020 (jeg).
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Filing 70
Correction of Docket Entry by Clerk re #69 MOTION to Expedite Motion to Continue Preliminary Injunction Hearing. **Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?'. Exparte/Consent Motions are not set for submission. Clerk modified docket text to reflect 'Exparte' and remove submission date. No further action necessary.** (jeg)
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Filing 69
EXPARTE/CONSENT MOTION to Expedite Motion to Continue Preliminary Injunction Hearing by St. Tammany Parish Government. (Attachments: #1 Proposed Order, #2 Notice of Submission)(Brouillette, Donald) Modified text/exparte on 5/13/2020 (jeg).
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Filing 68
MOTION to Continue Preliminary Injunction Hearing by St. Tammany Parish Government. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Brouillette, Donald)
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Filing 67
Request/Statement of Oral Argument by Department of Environmental Quality State of Louisiana regarding #66 MOTION to Dismiss for Failure to State a Claim upon which relief can be granted MOTION to Dismiss for Lack of Jurisdiction as a result of Eleventh Amendment immunity (Traina, Richard)
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Filing 66
MOTION to Dismiss for Failure to State a Claim upon which relief can be granted, MOTION to Dismiss for Lack of Jurisdiction as a result of Eleventh Amendment immunity by Department of Environmental Quality State of Louisiana. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Traina, Richard)
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Filing 65
MOTION to Dismiss for Failure to State a Claim by St. Tammany Parish Government. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit A - 3rd Amended Petition, #3 Exhibit B - Memo in Support of 3rd Amended Petition, #4 Exhibit C - Small MS4 Permit, #5 Exhibit D - SWMP - Part 1, #6 Exhibit D - SWMP - Part 2, #7 Exhibit D - SWMP - Part 3, #8 Exhibit D - SWMP - Part 4, #9 Exhibit D - SWMP - Part 5, #10 Exhibit E - Lower Tchefuncte Plan, #11 Notice of Submission)(jeg)
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Filing 64
ORDER GRANTING #63 Motion for Leave to File Excess Pages. Signed by Judge Eldon E. Fallon on 5/11/2020. (jeg)
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Filing 63
EXPARTE/CONSENT MOTION for Leave to File Excess Pages by St. Tammany Parish Government. (Attachments: #1 Proposed Order, #2 Proposed Pleading Rule 12(b)(6) Motion to Dismiss, #3 Proposed Pleading Memorandum in Support of Motion to Dismiss, #4 Proposed Pleading Exh. A - 3rd Amended Petition, #5 Proposed Pleading Exh. B - Memo in Support of 3rd Amended Petition, #6 Proposed Pleading Exh. C - Small MS4 Permit, #7 Proposed Pleading Exh. D - SWMP - Part 1, #8 Proposed Pleading Exh. D - SWMP - Part 2, #9 Proposed Pleading Exh. D - SWMP - Part 3, #10 Proposed Pleading Exh. D - SWMP - Part 4, #11 Proposed Pleading Exh. D - SWMP - Part 5, #12 Proposed Pleading Exh. E - Lower Tchefuncte Plan, #13 Proposed Pleading Notice of Submission)(Brouillette, Donald)
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Filing 62
Minute Entry for proceedings held before Judge Eldon E. Fallon: A Telephone Status Conference was held on 5/7/2020. The parties discussed the status of the case and the deadlines for Defendants' responsive pleadings in the matter. (jeg)
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Filing 61
ORDER granting #54 Motion to Enroll as Counsel of Record for Attorney Richard L. Traina, Ryan Michael Seidemann for Department of Environmental Quality State of Louisiana. Signed by Judge Eldon E. Fallon on 05/06/2020. (ko)
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Filing 60
ORDER GRANTING #53 Motion to Enroll as Counsel of Record. Timothy W. Hassinger and Patrick J. Schepens of the firm Galloway Johnson Tompkins Burr & Smith are hereby enrolled as additional counsel of record for the Louisiana Department of Environmental Quality. Signed by Judge Eldon E. Fallon on 5/6/2020. (jeg)
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Filing 59
Correction of Docket Entry by Clerk re #55 Response/Memorandum in Opposition to Motion, #56 Response/Memorandum in Opposition to Motion. **Multiple documents were incorrectly filed as one PDF. The Exhibits should have been filed as attachment to the Opposition. All future filings should be entered this way. Clerk took corrective action. No further action is necessary.** (jeg)
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Filing 58
STATUS REPORT Agenda for the 05/07/20 Status Conference by All Plaintiffs (Koerner, Louis)
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Filing 57
ORDER: IT IS ORDERED that #48 Motion for Partial Summary Judgment is hereby DENIED AS PREMATURE as set forth in document. IT IS FURTHER ORDERED that #51 Motion to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment is hereby GRANTED. IT IS FURTHER ORDERED that #52 Motion to Expedite is hereby DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 5/6/2020. (jeg)
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Filing 56
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #51 MOTION to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) , #52 MOTION to Expedite Rule 56(d) Motion to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment Corrrected. (Koerner, Louis) (Main Document 56 replaced on 5/7/2020) (jeg). (Additional attachment(s) added on 5/7/2020: #1 Exhibit) (jeg).
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Filing 55
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #51 MOTION to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) , #52 MOTION to Expedite Rule 56(d) Motion to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment . (Koerner, Louis) (Main Document 55 replaced on 5/7/2020) (jeg). (Additional attachment(s) added on 5/7/2020: #1 Exhibit) (jeg).
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Filing 54
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Richard L. Traina and Ryan M. Seidemann by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Order Motion to Enroll Additional Counsel)(King, Dwana) Modified text on 5/7/2020 (jeg).
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Filing 53
EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Timothy W. Hassinger and Patrick J. Schepens by Department of Environmental Quality State of Louisiana. (Attachments: #1 Proposed Order Order to Enroll Additional Counsel)(King, Dwana) Modified text on 5/6/2020 (jeg).
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Filing 52
MOTION to Expedite Rule 56(d) Motion to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment by St. Tammany Parish Government. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Notice of Submission, #2 Proposed Order)(Brouillette, Donald)
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Filing 51
MOTION to Deny or, in the Alternative, to Defer Consideration of, Plaintiffs' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56(d) by St. Tammany Parish Government. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Affidavit, #3 Notice of Submission, #4 Proposed Order)(Brouillette, Donald)
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Filing 50
ORDER Granting #38 Motion for Extension of Time to Answer as to St. Tammany Parish Government. Answer due 5/8/2020. Signed by Magistrate Judge Janis van Meerveld on 4/30/2020. (ajn)
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Filing 49
Correction of Docket Entry by Clerk re #48 MOTION for Partial Summary Judgment. **Filing attorney selected incorrect submission/hearing date. Correct date is 5/13/2020. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 48
MOTION for Partial Summary Judgment by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 5/13/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Affidavit, #4 Affidavit B1 EX 47 CV, #5 Exhibit B2 EX 48, #6 Exhibit B3 EX 49, #7 Exhibit B4 EX 50, #8 Exhibit B5 EX 51, #9 Exhibit B6 EX 52, #10 Exhibit B7 EX 53, #11 Exhibit B8 EX 54, #12 Exhibit B9 EX 55, #13 Exhibit B10 EX 56, #14 Exhibit B11 EX 57, #15 Statement of Contested/Uncontested Facts)(Koerner, Louis) Modified text/submission date on 4/29/2020 (jeg).
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Filing 47
**DEFICIENT** MOTION for Partial Summary Judgment by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 5/12/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Affidavit Steve Burnham, #4 Exhibit B1 EX 47 CV Burnham, #5 Exhibit B2 EX 48, #6 Exhibit B3 EX 49, #7 Exhibit B4 EX 50, #8 Exhibit B5 EX 51, #9 Exhibit B6 EX 52, #10 Exhibit B7 EX 53, #11 Exhibit B8 EX 54, #12 Exhibit B9 EX 55, #13 Exhibit B10 EX 56, #14 Exhibit B-11 EX 57)(Koerner, Louis) Modified on 4/29/2020 (jeg).
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Filing 46
ORDER: ORDERED that #36 MOTION for Preliminary Injunction against the Louisiana Department of Environmental Quality MOTION for Permanent Injunction against the Louisiana Department of Environmental Quality is hereby set for oral argument on Wednesday, May 27, 2020 at 9:00 a.m. in the Courtroom of the Honorable Eldon E. Fallon, C468, 500 Poydras Street, New Orleans, LA 70130. Signed by Judge Eldon E. Fallon on 4/28/2020.(jeg)
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Filing 45
SUMMONS Returned Executed; Department of Environmental Quality State of Louisiana served on 4/24/2020, answer due 5/15/2020. (Koerner, Louis)
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Filing 44
AMENDED COMPLAINT against Department of Environmental Quality State of Louisiana, St. Tammany Parish Government filed by All Plaintiffs. (Attachments: #1 Third Declaration of Terri Lewis Stevens, #2 Exhibit 36, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Exhibit 41, #8 Exhibit 42, #9 Exhibit 43, #10 Exhibit 44, #11 Exhibit 45, #12 Exhibit 46, #13 Updated table of filed exhibits)(jeg)
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Filing 43
ORDER GRANTING #32 Motion for Leave to File First Amended Complaint, Third Declaration, and Exhibits 36-46. The following are filed into the record of this matter: 1.The First Amended Complaint; 2.The Third Declaration of Terri Lewis Stevens; 3.Exhibits 36-46; and 4.The updated table of filed exhibits. Signed by Judge Eldon E. Fallon on 4/27/2020. (jeg)
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Filing 42
ORDER GRANTING #37 MOTION to Continue Telephone Status Conference. Signed by Judge Eldon E. Fallon on 4/27/2020. The Telephone Status Conference currently scheduled for April 28, 2020 at 10:30 a.m. is hereby CONTINUED to Thursday, May 7, 2020 at 2:00 p.m. The dial-in information remains the same.(jeg)
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Filing 41
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #38 MOTION for Extension of Time to Answer re #1 Complaint . (Koerner, Louis)
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Filing 40
Correction of Docket Entry by Clerk re #37 MOTION to Continue Telephone Status Conference. **Attachments have duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. No further action necessary.** (jeg)
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Filing 39
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs re #37 MOTION to Continue Telephone Status Conference . (Koerner, Louis)
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Filing 38
MOTION for Extension of Time to Answer re #1 Complaint by St. Tammany Parish Government. Motion(s) referred to Janis van Meerveld. Motion(s) will be submitted on 5/13/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Notice of Submission)(Brouillette, Donald)
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Filing 37
MOTION to Continue Telephone Status Conference by Department of Environmental Quality State of Louisiana. Motion(s) will be submitted on 5/13/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)Attorney Dwana Christy King added to party Department of Environmental Quality State of Louisiana(pty:dft).(King, Dwana) Modified text/attachment descriptions on 4/27/2020 (jeg).
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Filing 36
MOTION for Preliminary Injunction against the Louisiana Department of Environmental Quality, MOTION for Permanent Injunction against the Louisiana Department of Environmental Quality by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Koerner, Louis)
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Filing 35
Summons Issued as to Department of Environmental Quality State of Louisiana. (jeg)
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Filing 34
**DEFICIENT** MOTION for Preliminary Injunction , MOTION for Permanent Injunction by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 5/27/2020. (Attachments: #1 Notice of Submission)(Koerner, Louis) Modified on 4/23/2020 (jeg).
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Filing 33
Request of Summons Issued as to Department of Environmental Quality State of Louisiana filed by All Plaintiffs re #1 Complaint. (Koerner, Louis)
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Filing 32
EXPARTE/CONSENT MOTION for Leave to File Fist Amended complaint, third declaration, table of exhibits, and Exhibits 36-46 by Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading Amended complaint, #3 Affidavit Terri Lewis Stevens Third declaration, #4 Exhibit Table of Exhibits updated, #5 Exhibit 36, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 39, #9 Exhibit 40, #10 Exhibit 41, #11 Exhibit 42, #12 Exhibit 43, #13 Exhibit 44, #14 Exhibit 45, #15 Exhibit 46)(Koerner, Louis) Modified on 4/22/2020 (OK per Chambers) (jeg).
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Filing 31
Supplemental Memorandum filed by All Plaintiffs, in Support of #15 MOTION for Preliminary Injunction against St. Tammany Parish Government MOTION for Permanent Injunction against St. Tammany Parish Government. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22, #9 Exhibit 23, #10 Exhibit 24, #11 Exhibit 25, #12 Exhibit 26, #13 Exhibit 27, #14 Exhibit 28, #15 Exhibit 29, #16 Exhibit 30, #17 Exhibit 31, #18 Exhibit 32, #19 Exhibit 33, #20 Exhibit 34, #21 Exhibit 35)(jeg)
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Filing 30
ORDER GRANTING #27 Motion for Leave to File Exhibits 15-35 and Explanatory Memorandum. Signed by Judge Eldon E. Fallon on 04/16/2020. (jeg)
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Filing 29
ORDER GRANTING #28 MOTION to set a status conference. A telephone status conference is hereby SCHEDULED for Tuesday, April 28, 2020 at 10:30 a.m. Counsel are instructed to use the following dial-in information to participate and are expected to be on the line 5 minutes before the scheduled start time:Dial-in #: 877-336-1839 Access code: 4227405. Signed by Judge Eldon E. Fallon on 4/16/2020.(jeg)
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Filing 28
EXPARTE/CONSENT MOTION to set a status conference by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Koerner, Louis)
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Filing 27
EXPARTE/CONSENT MOTION for Leave to File Exhibits 15-35 and Explanatory Memorandum by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25, #14 Exhibit 26, #15 Exhibit 27, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30, #19 Exhibit 31, #20 Exhibit 32, #21 Exhibit 33, #22 Exhibit 34, #23 Exhibit 35)(Koerner, Louis) Modified text on 4/15/2020 (jeg).
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Filing 26
ORDER GRANTING #23 MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary and Permanent Injunctive Relief as set forth in document. FURTHER ORDERED that oral argument on Plaintiffs Motion for Injunctive Relief, R. Doc. 15, is hereby CONTINUED from Wednesday, April 15, 2020 at 9:00 a.m. to Wednesday, May 27, 2020 at 9:00 a.m. FURTHER ORDERED that #24 MOTION to Expedite Hearing on St. Tammany's Motion to Continue is hereby DENIED AS MOOT. Signed by Judge Eldon E. Fallon on 4/9/2020.(jeg)
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Filing 25
RESPONSE/MEMORANDUM in Opposition filed by All Plaintiffs r, #23 MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary and Permanent Injunctive Relief, #24 MOTION to Expedite Hearing on St. Tammany's Motion to Continue. (Attachments: #1 Exhibit Emails between counsel)(Koerner, Louis)
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Filing 24
EXPARTE/CONSENT MOTION to Expedite Hearing on St. Tammany's Motion to Continue by St. Tammany Parish Government. (Attachments: #1 Proposed Order)(Brouillette, Donald)
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Filing 23
MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary and Permanent Injunctive Relief by St. Tammany Parish Government. Motion(s) will be submitted on 4/29/2020. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order, #5 Notice of Submission)Attorney Donald Stephen Brouillette, Jr added to party St. Tammany Parish Government(pty:dft).(Brouillette, Donald)
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Filing 22
SUMMONS Returned Executed; St. Tammany Parish Government served on 4/3/2020, answer due 4/24/2020. (Koerner, Louis) Modified text on 4/6/2020 (jeg).
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Filing 21
**DEFICIENT** SUMMONS Returned Executed; St. Tammany Parish Government served on 4/3/2020, answer due 4/24/2020. (Koerner, Louis) Modified on 4/6/2020 (jeg).
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Filing 20
ORDER re #15 MOTION for Preliminary Injunction. ORDERED that the Motion is hereby set for oral argument on Wednesday, April 15, 2020 at 9:00 a.m. via telephone. The dial-in information is as follows and parties expected to be on the line at least 5 minutes before the scheduled start time. Dial-in #: 877-336-1839Access code: 4227405. Counsel are also reminded that ex parte communication with the Court is not permitted and any pleadings or motions should be filed into the record of this matter. Signed by Judge Eldon E. Fallon on 4/2/2020.(jeg)
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Filing 19
MEMORANDUM on Covid-19 Transmission filed by All Plaintiffs re #15 MOTION for Preliminary Injunction against St. Tammany Parish Government MOTION for Permanent Injunction against St. Tammany Parish Government. (Attachments: #1 Affidavit Terri Lewis Stevens)(jeg)
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Filing 18
ORDER GRANTING #17 Motion for Leave to File Additional Memorandum. Signed by Judge Eldon E. Fallon on 4/1/2020. (jeg)
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Filing 17
EXPARTE/CONSENT MOTION for Leave to File Additional Memorandum by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Affidavit Terri Lewis Stevens)(Koerner, Louis) Modified text on 4/1/2020 (jeg).
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Filing 16
WAIVER OF SERVICE Returned Executed; waiver sent to Department of Environmental Quality State of Louisiana on 3/27/2020, answer due 5/26/2020. (Koerner, Louis)
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Filing 15
MOTION for Preliminary Injunction against St. Tammany Parish Government, MOTION for Permanent Injunction against St. Tammany Parish Government by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 4/15/2020. (Attachments: #1 Notice of Submission, #2 Memorandum in Support, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14)(Koerner, Louis)
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Filing 14
**DEFICIENT** EXPARTE/CONSENT MOTION for Preliminary Injunction against St. Tammany Parish Government, MOTION for Permanent Injunction against St. Tammany Parish Government by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14)(Koerner, Louis) Modified on 3/27/2020 (jeg).
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Filing 13
ORDER denying #10 Motion to Expedite Motion to Expedite Discovery. Plaintiffs served Defendants on 03/18/2020 and the Court finds it is premature to expedite discovery when Defendants have not had adequate time to file their Answer in this matter. Signed by Judge Eldon E. Fallon on 03/26/2020. (ko)
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Filing 12
SUMMONS Returned Executed; St. Tammany Parish Government served on 3/20/2020, answer due 4/10/2020. (Koerner, Louis)
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Filing 11
Memorandum by Jennifer Rivera, Terri Lewis Stevens in Support of Subject Matter Jurisdiction in this Court over this Clean Water Act Citizen Suitr (Koerner, Louis) Modified text on 3/24/2020 (jeg).
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Filing 10
EXPARTE/CONSENT MOTION to Expedite motion to expedite discovery by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Proposed Order)(Koerner, Louis)
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Filing 9
MOTION to Expedite Discovery (Requests for Admissions) by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. Motion(s) will be submitted on 4/15/2020. (Attachments: #1 Exhibit Proposed discovery to be expedite, #2 Memorandum in Support, #3 Notice of Submission)(Koerner, Louis)
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Filing 8
**DEFICIENT** EXPARTE/CONSENT MOTION to Expedite Discovery (Requests for Admissions) by Craig Rivera, Jennifer Rivera, Terri Lewis Stevens. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Koerner, Louis) Modified on 3/19/2020 (jeg).
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Filing 7
Correction of Docket Entry by Clerk re #1 Complaint. **Filing attorney did not attach exhibits to complaint. Exhibits 1-6 subsequently provided to Clerk and have now been attached to the complaint.** (jls)
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Filing 6
Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of Summons. The pdf should not have the pink header 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 action. (cwa)
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Filing 5
Summons Issued as to Louisiana State through Louisiana Department of Environmental Quality, St. Tammany Parish Government. (Attachments: #1 Summons)(cwa)
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Filing 4
Initial Case Assignment to Judge Eldon E. Fallon and Magistrate Judge Janis van Meerveld. (go)
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Filing 3
Civil Cover Sheet Submitted (Koerner, Louis)
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Filing 2
Request of Summons Issued as to St. Tammany Parish Government, State of Louisiana, through the Department of Environmental Quality filed by All Plaintiffs re #1 Complaint,,. (Attachments: #1 Summons)(Koerner, Louis)
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Filing 1
COMPLAINT against St. Tammany Parish Government, State of Louisiana, through the Department of Environmental Quality (Filing fee $ 400 receipt number ALAEDC-8221382) filed by Terri Lewis Stevens, Criag Rivera, Jennifer F Rivera. (Attachments: #1 Summons, #2 Summons)Attorney Louis Roy Koerner, Jr added to party Criag Rivera(pty:selreq), Attorney Louis Roy Koerner, Jr added to party Jennifer F Rivera(pty:selreq), Attorney Louis Roy Koerner, Jr added to party Terri Lewis Stevens(pty:selreq).(Koerner, Louis) (Attachment 1 replaced on 3/18/2020) (cwa). (Additional attachment(s) added on 3/18/2020: #3 Exibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6) (jls).
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