Spell et al v. Edwards et al
| Pastor Mark Anthony Spell, Life Tabernacle Church, Mark Anthony Spell and First Apostolic Church of East Baton Rouge Parish doing business as Life Tabernacle Church |
| John Bell Edwards, Chief of Police Roger Corcoran, Sheriff Sid J Gautreaux, Roger Corcoran and Sid J Gautreaux |
| 3:2021cv00423 |
| July 22, 2021 |
| US District Court for the Middle District of Louisiana |
| John W deGravelles |
| Brian A Jackson |
| Scott D Johnson |
| Erin Wilder-Doomes |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
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Filing 14
NOTICE AND ORDER: Considering the [10, 11, 12] Motions to Dismiss filed by Richard Corcoran, Sid Gautreaux and John Bel Edwards, all of which raise the threshold issue of qualified immunity, IT IS ORDERED that discovery in this matter is stayed pending resolution of the Motions to Dismiss and the 9/30/21 scheduling conference is CANCELED. No status report is due at this time. "Fifth Circuit jurisprudence is clear that when a defendant asserts the defense of qualified immunity, a stay of discovery pending resolution of the defense is appropriate." Imani v. City of Baton Rouge, Civil Action 17-439, 2018 WL 2208221, at * 4 (M.D. La. May 14, 2018). A stay of discovery may also be imposed, in the Court's discretion, to resolve threshold issues, such as standing and immunity. Petrus v. Bowen, 833 F.2d 581, 585 (5th Cir. 1987). The parties shall file a joint motion for scheduling conference within fourteen (14) days of the last ruling on the pending Motions to Dismiss, if necessary. Signed by Magistrate Judge Erin Wilder-Doomes on 9/13/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 13 MOTION to Dismiss by John Bell Edwards. (Attachments: #1 Memorandum in Support)(Garner, James) |
| Filing 12 MOTION to Consolidate Case with 20-cv-282 by John Bell Edwards. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Proposed Order)(Garner, James) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Sid J Gautreaux. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Order)(Johnston, Tara) |
| Filing 10 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Roger Corcoran. (Attachments: #1 Memorandum in Support, #2 Attachment ORDER)(Thomas, John) |
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Filing 9
ORDER granting #8 Unopposed Motion for of Time to File Responsive Pleadings pursuant to Local Rule (7(a). Sid Gautreaux, in his individual capacity as Sheriff of East Baton Rouge, Louisiana responsive pleadings to the Plaintiffs' Petition for Permanent Injunction and Damages are due by August 13, 2021. Signed by Magistrate Judge Erin Wilder-Doomes on 8/2/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #8 Unopposed MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (NLT) |
| Filing 8 Unopposed MOTION for Extension of Time to File Answer by Sid J Gautreaux. (Attachments: #1 Proposed Pleading; Order)(Johnston, Tara) Modified on 7/30/2021 to edit text (ELW). |
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Filing 7
ORDER granting in part #6 Ex Parte Motion for Extension of Time to File Responsive Pleadings, filed by Defendant John Bel Edwards. The Motion seeks an extension of time to respond to the [1-5] Petition for Permanent Injunction and Damages that was originally filed in Louisiana state court. The Motion is granted only in part because, although the Motion states that it seeks an additional twenty-one days to respond (until 8/23/21), that proposed date is not actually twenty-one days from the date the Motion states the answer would otherwise be due (7/29/21). Pursuant to Fed. R. Civ. Proc. 81(c), Edwards' responsive pleadings would otherwise be due by no later than 8/4/21 (twenty-one days after the 7/14/21 service date). Pursuant to Local Civil Rule 7(a), Edwards is entitled to a twenty-one day extension from that date, or until 8/25/21, in which to file responsive pleadings. Since the Motion expressly requests relief under LR 7(a), responsive pleadings of John Bel Edwards to the [1-5] Petition for Permanent Injunction and Damages are due 8/25/21. Signed by Magistrate Judge Erin Wilder-Doomes on 07/29/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #6 Ex Parte MOTION for Extension of Time to File Answer to Original Petition. This motion is now pending before the USMJ. (ELW) |
| Filing 6 Ex Parte MOTION for Extension of Time to File Answer to Original Petition by John Bell Edwards. (Garner, James) |
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Filing 5
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 9/30/2021 at 01:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 9/16/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 7/28/2021. (BLR)
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Filing 4
ORDER granting #2 Motion for Extension of Time to File Responsive Pleadings pursuant to Local Rule (7(a). Defendant, Roger Corcoran in his capacity as Chief of Police for the City of Central, is GRANTED an extension to August 13, 2021 to file responsive pleadings. Signed by Magistrate Judge Erin Wilder-Doomes on 7/27/2021. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 3
ORDER: The matter 21-423-JWD-SDJ, Spell et al v. Edwards et al hereby reassigned from United States District Judge John W. deGravlles, United States Magistrate Judge Scott D. Johnson to United States District Judge Brian A. Jackson and United States Magistrate Judge Erin Wilder-Doomes. Signed by Judge John W. deGravelles and Judge Brian A. Jackson on 07/26/2021. (ELW)
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| Filing 2 MOTION for Extension of Time to File Responsive Pleadings by Roger Corcoran. (Thomas, John) |
| Case Reassigned to Judge Brian A. Jackson and Magistrate Judge Erin Wilder-Doomes. Judge John W. deGravelles, Magistrate Judge Scott D. Johnson no longer assigned to the case. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (ELW) |
| Filing 1 NOTICE OF REMOVAL from 19th JDC, Case Number C-706311. (Filing fee $ 402 receipt number BLAMDC-2321644), filed by John Bell Edwards. (Attachments: #1 Proposed Pleading; Notice of Removal, #2 Exhibit 1 to Notice of Removal, #3 Exhibit 2 to Notice of Removal, #4 Attachment List of Parties and Pleadings, #5 Attachment Petition, #6 Attachment Citation John Bel Edwards, #7 Attachment Citation Roger Corcoran, #8 Attachment Citation Sheriff Sid Gautreaux, #9 Attachment Motion for Extension of Time, #10 Attachment Request for Notice)(Garner, James) (Main Document 1 replaced on 7/23/2021) (ELW). (Attachment 1 replaced on 7/23/2021) (ELW). Modified on 7/23/2021 to correct filing sequence (ELW). |
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