Ramelli et al v. Zahn et al
Plaintiff: Ramelli Janitorial Service, Inc. and Robert C. Ramelli
Defendant: The City of Kenner, Ben Zahn and Kenner City
Case Number: 2:2020cv01482
Filed: May 19, 2020
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Dana Douglas
Referring Judge: Jane Triche Milazzo
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2020 Opinion or Order Filing 44 SCHEDULING ORDER: All discovery must be completed by 3/22/2021. Final Pretrial Conference set for 5/20/2021 02:30 PM before Judge Jane Triche Milazzo. Bench Trial set for 6/21/2021 08:30 AM before Judge Jane Triche Milazzo. Signed by Judge Jane Triche Milazzo. (Attachments: #1 Pretrial Notice Form)(ecm)
August 31, 2020 Filing 43 REPLY to Response to Motion filed by Kenner City, Ben Zahn re #38 MOTION for Leave to File Amended Answer and Affirmative Defenses. (cwa)
August 31, 2020 Opinion or Order Filing 42 ORDER granting #40 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Dana Douglas on 8/31/2020. (cwa)
August 31, 2020 Filing 41 Correction of Docket Entry by Clerk re #40 MOTION for Leave to File Reply. **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.** (am)
August 28, 2020 Filing 40 EXPARTE/CONSENT MOTION for Leave to File Reply by Kenner City, Ben Zahn. Motion(s) referred to Dana Douglas. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Proposed Pleading)(LeMieux, Christopher) Modified text/added referral on 8/31/2020 (am).
August 25, 2020 Filing 39 RESPONSE/MEMORANDUM in Opposition filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc. re #38 MOTION for Leave to File Amended Answer and Affirmative Defenses . (McGoey, Patrick)
August 18, 2020 Filing 38 MOTION for Leave to File Amended Answer and Affirmative Defenses by Kenner City, Ben Zahn. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 9/2/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Notice of Submission)(LeMieux, Christopher)
August 13, 2020 Filing 37 **DEFICIENT**EXPARTE/CONSENT MOTION for Leave to File Amended Answer and Affirmative Defenses by Kenner City, Ben Zahn. (Attachments: #1 Proposed Order, #2 Proposed Pleading Amended Answer and Affirmative Defenses)(LeMieux, Christopher) Modified text on 8/13/2020 (am).
August 12, 2020 Filing 36 NOTICE: Scheduling Conference set for 9/3/2020 at 10:30 AM before case manager by telephone. Counsel must call in to the conference at (877) 411-9748 andenter Access code 7562821. Issued by Clerk.(am)
August 6, 2020 Opinion or Order Filing 35 TEXT ORDER (No PDF Document Attached) granting #34 Motion to Enroll as additional Counsel of Record for Attorney Christopher K. LeMieux, Johanna Elizabeth Lambert, John W. Bihm, Michael R.C. Riess, Jr for Kenner City and for Ben Zahn. Signed by Judge Jane Triche Milazzo on 8/6/2020. (ecm)
August 6, 2020 Filing 34 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Kenner City, Ben Zahn. (Attachments: #1 Proposed Order)(Rapier, Edward)
July 16, 2020 Filing 33 ANSWER to #1 Complaint,, by Kenner City, Ben Zahn.(Rapier, Edward)
July 14, 2020 Opinion or Order Filing 31 ORDER AND REASONS granting #8 Motion for Preliminary Injunction. For the foregoing reasons, Plaintiffs Motion for a Preliminary Injunction (Doc. 8) is GRANTED. Defendants are hereby ENJOINED from enforcing the two litter citations against Mr. Ramelli and from compelling Mr. Ramelli to participate in the August 2020 Mayors Court hearing on the citations. This Preliminary Injunction shall remain in place until a trial on the merits. Signed by Judge Jane Triche Milazzo on 7/14/20. (cg)
July 1, 2020 Opinion or Order Filing 30 TEXT ORDER (No PDF Document Attached) granting #29 Motion for Extension of Time to Answer re #1 Complaint, as to Kenner City answer due 7/16/2020; Ben Zahn answer due 7/16/2020. Signed by Judge Jane Triche Milazzo on 7/1/20. (ecm)
July 1, 2020 Filing 29 EXPARTE/CONSENT MOTION for Extension of Time to File Responsive Pleadings by Kenner City, Ben Zahn. (Attachments: #1 Local Rule 7.8 Certification, #2 Proposed Order)(Rapier, Edward) Modified text on 7/1/2020 (am).
June 29, 2020 Filing 28 **DEFICIENT**EXPARTE/CONSENT MOTION for Extension of Time to Amend by Kenner City, Ben Zahn. (Attachments: #1 Proposed Order)(Rapier, Edward) Modified text on 6/30/2020 (am).
June 19, 2020 Filing 27 MEMORANDUM OF SUPPLEMENTAL AUTHORITIES filed by Kenner City, Ben Zahn. (mm)
June 19, 2020 Opinion or Order Filing 26 ORDER granting #25 Motion for Leave to File Supplemental Authorities. Signed by Judge Jane Triche Milazzo on 6/19/2020. (mm)
June 18, 2020 Filing 25 EXPARTE/CONSENT MOTION for Leave to File Supplemental Authorities by Kenner City, Ben Zahn. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Rapier, Edward) Modified text on 6/19/2020 (cwa).
June 18, 2020 Filing 24 MEMORANDUM OF SUPPLEMENTAL AUTHORITIES in Support filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc. re #8 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (am)
June 18, 2020 Opinion or Order Filing 23 ORDER: GRANTING #20 Motion for Leave to File Supplemental Authorities. Signed by Judge Jane Triche Milazzo on 6/18/2020. (am)
June 17, 2020 Filing 20 EXPARTE/CONSENT MOTION for Leave to File Memorandum of Supplemental Authorities by Robert C. Ramelli, Ramelli Janitorial Service, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Schilling, Ellie) Modified text on 6/18/2020 (am).
June 16, 2020 Filing 22 Preliminary Injunction Hearing Exhibit List. (ecm)
June 16, 2020 Filing 21 Minute Entry for proceedings held before Judge Jane Triche Milazzo: Preliminary Injunction Hearing held on 6/16/2020. Plaintiff's Motion for Preliminary Injunction (Rec. Doc. #8 ) argued by counsel. Exhibits offered and admitted. This motion is taken under submission by the Court. (Court Reporter Jodi Simcox.) (ecm)
June 15, 2020 Filing 19 REPLY to Response to Motion filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc. re #8 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: #1 Exhibit O, #2 Exhibit O-1, #3 Exhibit O-3, #4 Exhibit O-7, #5 Exhibit O-8, #6 Exhibit O-9, #7 Exhibit O-10, #8 Exhibit O-11, #9 Notice of Manual Attachment)(am)
June 15, 2020 Opinion or Order Filing 18 ORDER: GRANTING #17 Motion for Leave to File Reply. Signed by Judge Jane Triche Milazzo on 6/15/2020. (am)
June 12, 2020 Filing 17 EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply to #15 Defendants' Opposition to #8 Motion for Preliminary Injunction by Robert C. Ramelli, Ramelli Janitorial Service, Inc. (Attachments: #1 Proposed Order, #2 Proposed Pleading, #3 Exhibit O, #4 Exhibit O-1, #5 Exhibit O-3, #6 Exhibit O-7, #7 Exhibit O-8, #8 Exhibit O-9, #9 Exhibit O-10, #10 Exhibit O-11, #11 Notice of Manual Attachment Video Exhibits O-2, O-4, O-5, and O-6)(Schilling, Ellie) Modified text on 6/15/2020 (am).
June 12, 2020 Filing 16 Correction of Docket Entry by Clerk re #15 Response/Memorandum in Opposition to Motion. **Exhibits on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper. Clerk has reduced images. No further action needed.** (am)
June 11, 2020 Filing 15 RESPONSE/MEMORANDUM in Opposition filed by All Defendants re #8 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: #1 Exhibit D-1, #2 Exhibit D-2, #3 Exhibit D-3, #4 Exhibit D-4, #5 Exhibit D-5, #6 Exhibit D-6, #7 Exhibit D-7, #8 Exhibit D-8, #9 Exhibit D-9, #10 Exhibit D-10, #11 Exhibit D-11, #12 Exhibit D-12, #13 Exhibit D-13)(Rapier, Edward) Modified text on 6/12/2020 (am). (Attachment 2 replaced on 6/12/2020) (am). (Attachment 3 replaced on 6/12/2020) (am). (Attachment 4 replaced on 6/12/2020) (am). (Attachment 5 replaced on 6/12/2020) (am). (Attachment 6 replaced on 6/12/2020) (am). (Attachment 7 replaced on 6/12/2020) (am). (Attachment 8 replaced on 6/12/2020) (am). (Attachment 9 replaced on 6/12/2020) (am). (Attachment 10 replaced on 6/12/2020) (am). (Attachment 11 replaced on 6/12/2020) (am). (Attachment 12 replaced on 6/12/2020) (am). (Attachment 13 replaced on 6/12/2020) (am).
June 11, 2020 Filing 14 SUMMONS Returned Executed; Kenner City served on 6/4/2020, answer due 6/25/2020. (McGoey, Patrick)
June 11, 2020 Filing 13 SUMMONS Returned Executed; Ben Zahn served on 6/4/2020, answer due 6/25/2020. (McGoey, Patrick)
June 4, 2020 Opinion or Order Filing 11 ORDER: IT IS ORDERED that the Application for Temporary Restraining Order is DENIED. The Court has been advised by counsel for Defendants that the hearing at issue, initially scheduled for June 5, 2020, has been continued to August 2020. IT IS FURTHER ORDERED that Plaintiffs' Motion for Preliminary Injunction is SET for hearing on June 16, 2020 at 9:30 a.m. via videoconference. Signed by Judge Jane Triche Milazzo on 6/4/2020.(am)
June 4, 2020 Filing 10 Minute Entry for proceedings held before Judge Jane Triche Milazzo: Telephone Status Conference held on 6/4/2020. The parties discussed the pending Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 8). (am)
June 3, 2020 Opinion or Order Filing 9 TEXT ORDER (No PDF Document Attached) re #8 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ramelli Janitorial Service, Inc., Robert C. Ramelli. IT IS ORDERED that a telephone status conference is hereby SET for June 4, 2020 at 11:00 a.m. Counsel are instructed to call 888-273-3658 and use Access Code: 1304800 when instructed. The Court will join the call when all parties are on the line. Signed by Judge Jane Triche Milazzo.(Abu-Orf, Leila)
June 1, 2020 Filing 32 Manual Attachment Received (1 CD) re #8 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ramelli Janitorial Service, Inc., Robert C. Ramelli. (ecm)
June 1, 2020 Filing 8 EXPARTE/CONSENT Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Robert C. Ramelli, Ramelli Janitorial Service, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A. Declaration of Robert Ramelli with supporting Exhibits A-1 through A-14, #3 Exhibit B. Kenner Home Rule Charter 2.09, 2.13, 4.09, #4 Exhibit C. 02/21/20 Agenda, #5 Exhibit D. 03/05/20 Agenda, #6 Exhibit E. IV Waste Contract, #7 Exhibit F. Capitano Petition and Amended Petition, 24th JDC No. 806-019, #8 Exhibit G. Capitano Consent Order, #9 Exhibit H. Capitano Preliminary Injunction, #10 Exhibit I. Capitano Reasons for Judgment, #11 Exhibit J. Ramelli v. Kenner Petition, 24th JDC No. 806-208, #12 Exhibit K. Kenner Ordinances 7-90, 7-91, 7-98; and 7-171, #13 Exhibit L. Ramelli v. IV Waste Petition, CDC No. 20-3606, #14 Exhibit M. Ramelli v. IV Waste TRO, CDC No. 20-3606, #15 Exhibit N. Declaration of Patrick McGoey with supporting Exhibits N-1 through N-9, #16 Notice of Manual Attachment Video Exhibits A-3, A-5, A-6, A-8, A-9, A-10, A-14, #17 Proposed Order)(McGoey, Patrick)
May 28, 2020 Filing 7 Summons Issued as to Kenner City, Ben Zahn. (Attachments: #1 Summons)(am)
May 27, 2020 Filing 6 Request of Summons Issued as to Kenner City filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc. re #1 Complaint,,. (McGoey, Patrick)
May 27, 2020 Filing 5 Request of Summons Issued as to Ben Zahn filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc. re #1 Complaint,,. (McGoey, Patrick)
May 20, 2020 Filing 4 Summons Issued as to Kenner City, Ben Zahn. (Attachments: #1 Summons)(am)
May 19, 2020 Filing 3 Initial Case Assignment to Judge Jane Triche Milazzo and Magistrate Judge Dana Douglas. (aj)
May 19, 2020 Filing 2 Statement of Corporate Disclosure by Ramelli Janitorial Service, Inc. (McGoey, Patrick)
May 19, 2020 Filing 1 COMPLAINT against The City of Kenner, Ben Zahn (Filing fee $ 400 receipt number ALAEDC-8309621) filed by Robert C. Ramelli, Ramelli Janitorial Service, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Civil Cover Sheet, #15 Summons Ben Zahn, individually and in his official capacity as Mayor of the City of Kenner, #16 Summons The City of Kenner)Attorney Patrick S. McGoey added to party Robert C. Ramelli(pty:pla), Attorney Patrick S. McGoey added to party Ramelli Janitorial Service, Inc.(pty:pla).(McGoey, Patrick)

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Defendant: The City of Kenner
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Defendant: Ben Zahn
Represented By: Edward Sebastian Rapier, Jr.
Represented By: Johanna Elizabeth Lambert
Represented By: Michael R.C. Riess, Jr.
Represented By: Christopher K. LeMieux
Represented By: John W. Bihm
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Defendant: Kenner City
Represented By: Edward Sebastian Rapier, Jr.
Represented By: Johanna Elizabeth Lambert
Represented By: Michael R.C. Riess, Jr.
Represented By: Christopher K. LeMieux
Represented By: John W. Bihm
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Plaintiff: Ramelli Janitorial Service, Inc.
Represented By: Patrick S. McGoey
Represented By: McClain R. Schonekas
Represented By: Andrea V. Timpa
Represented By: Ellie T. Schilling
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Plaintiff: Robert C. Ramelli
Represented By: Patrick S. McGoey
Represented By: McClain R. Schonekas
Represented By: Andrea V. Timpa
Represented By: Ellie T. Schilling
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