Landry et al v. Department of Children and Family Services State of Louisiana et al
| Courtney Landry, On Behalf of Minor Children, C.L., J.L, and L.L., Johnny Landry, On Behalf of Minor Chiildren, C.L., J.L, and L.L., Johnny Landry, Courtney Landry and Johnny Jacob Landry |
| Troy Thomas, Marketa Walters, State of Louisiana, Department of Children and Family Services, Marketa Garner Walters and Department of Children and Family Services State of Louisiana |
| 2:2021cv00794 |
| April 19, 2021 |
| US District Court for the Eastern District of Louisiana |
| Ivan LR Lemelle |
| Karen Wells Roby |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on June 10, 2021. A more recent docket listing may be available from PACER.
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Filing 30
ORDER AND REASONS: IT IS ORDERED that the #11 Motion to Remand to State Court is DENIED, as stated herein. Signed by Judge Ivan L.R. Lemelle on 6/10/2021. (pp)
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| Filing 29 REPLY MEMORANDUM in Support of re #4 MOTION to Dismiss for Failure to State a Claim filed by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Garner Walters. (pp) |
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Filing 28
ORDER GRANTING #27 Motion for Leave to File Reply Memorandum in Support of Motion to Dismiss. Signed by Judge Ivan L.R. Lemelle on 6/9/2021. (pp)
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| Filing 27 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Dismiss by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Garner Walters. (Attachments: #1 Proposed Pleading Reply Memorandum, #2 Proposed Order)(Fahrenholt, Gregory) |
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Filing 26
ORDER GRANTING #24 Motion for Leave to File Memorandum Under Seal. Signed by Judge Ivan L.R. Lemelle on 6/7/2021. (jls)
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| Filing 25 SETTLEMENT CONFERENCE ORDER: This case has been scheduled for a Settlement Conference. All lead counsel are ORDERED TO APPEAR on January 13, 2022, at 10:00 AM before the undersigned Chief Magistrate Judge. Each party shall email, in confidence, a concise position letter or memorandum outlining the settlement position of the party, including the case number, case name, and be no longer than three pages double spaced of the evidence the party expects to produce at trial at least two (2) days before the conference. Email letter to: efile-roby@laed.uscourts.gov. The subject line should read: 21-0794B-01/13/22 (Plaintiff's or Defendant's) Paper. Signed by Chief Magistrate Judge Karen Wells Roby on 6/7/2021.(jeg) |
| Filing 24 EXPARTE/CONSENT MOTION for Leave to File Unredacted Opposition Under Seal by Courtney Landry, Johnny Jacob Landry. (Attachments: #1 Proposed Order, #2 Exhibit)(Sternberg, Scott) (Additional attachment(s) added on 6/7/2021: #3 Proposed Sealed Pleading) (jls). |
| Filing 23 RESPONSE/MEMORANDUM in Opposition filed by Courtney Landry, Johnny Jacob Landry re #4 MOTION to Dismiss for Failure to State a Claim (Redacted Version). (Sternberg, Scott) (Additional attachment(s) added on 6/7/2021 per order at rec. doc. 26: #1 SEALED Unredacted Memo) (jls). |
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Filing 22
ORDER GRANTING #21 Motion for Leave to File. The plaintiffs' unredacted state court petition shall be filed into the record under seal. Signed by Judge Ivan L.R. Lemelle on 6/4/2021. (pp)
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| Filing 21 EXPARTE/CONSENT MOTION for Leave to File Unredacted Petition Under Seal by Courtney Landry, Johnny Jacob Landry. (Attachments: #1 Proposed Order, #2 Exhibit)(Sternberg, Scott) |
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Filing 20
ORDER DENYING #19 Motion to Continue. Defendants' pending #4 motion to dismiss remains set to be submitted on 6/9/2021, but plaintiffs may file their response, if any, no later than 6/4/2021. Signed by Judge Ivan L.R. Lemelle on 6/2/2021. (pp)
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| Filing 19 EXPARTE/CONSENT MOTION to Continue Submission Date on Defendants' 12(b)(6) Motion to Dismiss by Courtney Landry, Johnny Jacob Landry. (Attachments: #1 Proposed Order)(Sternberg, Scott) |
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Filing 18
SCHEDULING ORDER: Final Pretrial Conference set for 2/10/2022 at 10:30 AM before Judge Ivan L.R. Lemelle. Jury Trial set for 2/22/2022 at 8:30 AM before Judge Ivan L.R. Lemelle. All discovery must be completed by 1/11/2022. Signed by Judge Ivan L.R. Lemelle on 5/13/2021. (Attachments: #1 Pretrial Notice Form)(dw) (NEF: Magistrate Judge)
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Filing 17
ORDER DENYING as unnecessary #16 Motion for Leave to File Reply Brief. It neither raises new facts or law nor prejudices movants' positions in contravention to issues raised by defendants' underlying memorandum. (Rec. Doc. #15 ). Signed by Judge Ivan L.R. Lemelle on 5/7/2021. (dw)
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| Filing 16 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of #11 Motion to Remand by Courtney Landry, Johnny Jacob Landry. (Attachments: #1 Proposed Order, #2 Proposed Pleading)(Sternberg, Scott) Modified text/link on 5/7/2021 (pp). |
| Filing 15 RESPONSE/MEMORANDUM in Opposition re #11 MOTION to Remand to State Court filed by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Garner Walters . (Fahrenholt, Gregory) Modified text on 5/4/2021 (pp). |
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Filing 14
ORDER: IT IS ORDERED that the #12 request is DENIED subject to further Court order. At this time, the Court will consider the #11 motion to remand on the parties' briefings. If it later appears to the Court that oral argument would be helpful, it will be ordered. Signed by Judge Ivan L.R. Lemelle on 4/28/2021.(pp)
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| Filing 13 NOTICE: Scheduling Conference set for 5/13/2021 at 10:00 AM before case manager by telephone. Parties are to call into the conference at the number listed in the Notice. Issued by Clerk. (dw) |
| Filing 12 Request/Statement of Oral Argument regarding #11 MOTION to Remand to State Court by Courtney Landry, Johnny Jacob Landry (Attachments: #1 Proposed Order)(Sternberg, Scott) Modified text on 4/27/2021 (pp). |
| Filing 11 MOTION to Remand to State Court by Courtney Landry, Johnny Jacob Landry. Motion(s) will be submitted on 5/12/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Sternberg, Scott) |
| Filing 10 NOTICE of Compliance to #1 Notice of Removal by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Garner Walters (Phayer, Dennis) Modified text/link on 4/27/2021 (pp). |
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Filing 9
ORDER TRANSFERRING CASE: IT IS ORDERED that the captioned case be and is hereby transferred to B (4). Signed by Judge Ivan L.R. Lemelle on 4/21/2021.(NEF: Section B Case manager, Magistrate Section(s) 4 and 5)(pp)
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Filing 8
ORDER GRANTING #7 MOTION to Continue Hearing on Defendants #4 Motion to Dismiss. The submission date for defendants' pending #4 motion to dismiss is hereby CONTINUED to 6/9/2021. As such, plaintiffs' opposition to the motion, if any, shall be filed no later than 6/1/2021. Signed by Judge Ivan L.R. Lemelle on 4/22/2021.(pp)
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| Filing 7 EXPARTE/CONSENT MOTION to Continue Hearing on Defendants #4 Motion to Dismiss by Courtney Landry, Johnny Jacob Landry. (Attachments: #1 Proposed Order)(Sternberg, Scott) Modified text on 4/22/2021 (pp). |
| Filing 6 Directive of the Clerk regarding compliance with 28:1447(b)re: #1 Notice of Removal, filed by Troy Thomas. By the Clerk.(bm) |
| Filing 5 ANSWER to #1 Notice of Removal with Jury Demand by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Walters.(Fahrenholt, Gregory) Modified text on 4/20/2021 (bm). |
| Filing 4 MOTION to Dismiss for Failure to State a Claim by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Walters. Motion(s) will be submitted on 5/12/2021. (Attachments: #1 Memorandum in Support, #2 Notice of Submission)(Fahrenholt, Gregory) Modified text on 4/20/2021 (bm). |
| Filing 3 Notice of Related Case(s) by Department of Children and Family Services State of Louisiana, Troy Thomas, Marketa Walters of related case(s) 2:20-CV-02630. Attorney Gregory C. Fahrenholt added to party Department of Children and Family Services State of Louisiana (pty:dft), Attorney Gregory C. Fahrenholt added to party Troy Thomas(pty:dft), Attorney Gregory C. Fahrenholt added to party Marketa Walters(pty:dft).(Fahrenholt, Gregory) Modified text on 4/20/2021 (bm). |
| Filing 2 Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (aj) |
| Filing 1 NOTICE OF REMOVAL with jury demand from Civil District Court, Parish of Orleans, case number 2021-00590 (Filing fee $ 402 receipt number ALAEDC-8823434) filed by Department of Children and Family Services State of Louisiana, Marketa Walters, Troy Thomas. (Attachments: #1 Civil Cover Sheet, #2 State Court Pleadings)Attorney Dennis J. Phayer added to party Department of Children and Family Services State of Louisiana (pty:dft), Attorney Dennis J. Phayer added to party Troy Thomas(pty:dft), Attorney Dennis J. Phayer added to party Marketa Walters(pty:dft).(Phayer, Dennis) Modified text on 4/20/2021 (bm). (Additional attachment(s) added per order at rec. doc. 22 on 6/4/2021: #3 Sealed State Court Petition) (pp). |
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