Smith v. Edwards, et al
| ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated and Molly Smith |
| GOVERNOR JON BEL EDWARDS, in his official capacity as Governor of Louisiana, WILLIAM SOMMERS, in his official capacity as Deputy Secretary of the Office of Juvenile Justice, JAMES M. LEBLANC, in his official capacity as Secretary of the Louisiana Department of Public Safety & Corrections, Jon Bel Edwards, William Sommers and James M. LeBlanc |
| 3:2022cv00573 |
| August 19, 2022 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| Richard L Bourgeois |
| Shelly D Dick |
| Prisoner Conditions |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 90
TRANSCRIPT REQUEST by Jon Bel Edwards, James M. LeBlanc, William Sommers for proceedings held on 9/6/2022 - 9/8/2022 before Judge Shelly D. Dick.. (McCain, Allena)
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Filing 89
Joint STATUS REPORT by Molly Smith. (Murell, Christopher)
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Filing 88
SEALED DOCUMENT Defendants' Sealed Exhibit List to #86 SEALED Brief,, . (Attachments: #1 Exhibit A - Affidavit of Revettea Woods, #2 Exhibit A-1 - Youth Services Policy, #3 Exhibit A-2 - Administrative Remedy Procedure, #4 Exhibit A-3 - Sandra Bryant 9/16/22 Email, #5 Exhibit A-4 - Unusual Occurrence Report dated 9/9/2022, #6 Exhibit A-5 - Unusual Occurrence Report dated 9/12/2022, #7 Exhibit A-6 - Shimele Williams Email and Corresponding Records, #8 Exhibit A-7 - Wellpath Medical Records, #9 Exhibit A-8 - Medical Records and Photos)(McCain, Allena)
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Filing 87
Notice of Deficiency with Administrative Procedure III(A)(1) as to #86 SEALED PROPOSED PLEADING. Pursuant to Administrative Procedure III(A)(1), Each exhibit should be submitted individually in CM/ECF with an exhibit number and short description (e.g., Ex.1 Plaintiff Depo). REQUIRED CORRECTION: The filer is directed to refile the exhibits in the proper format using the event Exhibit located under Other Documents in the CM/ECF system and link the exhibits to the previously filed document. The main document for this event shall be an exhibit list of the exhibits being attached. (LLH)
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Filing 86
SEALED PROPOSED PLEADING to #85 SEALED MOTION for Leave to File Unredacted Response in Opposition to Motion for Non-Retaliation Order and Exhibits Under Seal filed by All Defendants. (Attachments: #1 Exhibit A - Affidavit of Revettea Woods, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8)(King, Madaline) Modified on 10/11/2022 to rotate and replace exhibit A-4 (LLH).
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Filing 85
SEALED MOTION for Leave to File Unredacted Response in Opposition to Motion for Non-Retaliation Order and Exhibits Under Seal by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Proposed Order 1 - Proposed Order)(King, Madaline)
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Filing 84
RESPONSE in Opposition to #78 SEALED MOTION for Non-Retaliation Order filed by Jon Bel Edwards, James M. LeBlanc, William Sommers. (Attachments: #1 Exhibit A - Affidavit of Revettea Woods)(King, Madaline)
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Filing 83
ANSWER to #1 Complaint, by Jon Bel Edwards, James M. LeBlanc, William Sommers.(King, Madaline)
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MOTION(S) REFERRED: #82 MOTION FOR LIMITED EXPEDITED DISCOVERY UNDER FEDERAL RULES OF CIVIL PROCEDURE 26(d)(1) AND 34(b)(2)(A). This motion is now pending before the USMJ. (EDC)
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Filing 82
MOTION for Limited Expedited Discovery under Federal Rules of Civil Procedure 26(D)(1) and 34(B)(2)(A) by Molly Smith (Attachments: #1 Memorandum in Support MIS Motion Rule 26 and 34, #2 Exhibit Email from Lem Montgomery- September 28 2022 (001715-001722))(Utter, David) Modified on 10/4/2022 to edit text. (EDC). Modified on 10/7/2022 to edit the text (NLT).
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Filing 81
Certificate of Interested Persons by Jon Bel Edwards, James M. LeBlanc, William Sommers identifying Affiliate/Interested Person John Bel Edwards, Affiliate/Interested Person William Sommers, Affiliate/Interested Person James M. LeBlanc for James M. LeBlanc, Jon Bel Edwards, William Sommers. (McCain, Allena)
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Filing 80
SCHEDULING CONFERENCE ORDER: Telephone Scheduling Conference set for 10/27/2022 at 11:00 AM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff(s) shall initiate the call to all parties then contact the Court at (225) 389-3602. Status Report due by 10/13/2022. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/26/2022. (SGO)
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Filing 79
RULING: For the foregoing reasons, Plaintiff's #3 MOTION for Preliminary Injunction is DENIED. This matter is referred to the Magistrate Judge for a Scheduling Order. Signed by Chief Judge Shelly D. Dick on 9/23/2022. (SWE)
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Filing 78
SEALED MOTION for Non-Retaliation Order by Molly Smith (Attachments: #1 Memorandum in Support)(NLT)
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Filing 76
ORDER granting #75 Sealed Motion for Leave to File Under Seal Motion for Non-Retaliation Order. Signed by Chief Judge Shelly D. Dick on 9/20/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 75
SEALED MOTION Motion for Leave to File Under Seal Motion for Non-Retaliation Order and Memorandum in Support . (Attachments: #1 Proposed Order Proposed Order to File Under Seasl, #2 Proposed Pleading; Motion for Non-Retaliation ORder, #3 Proposed Pleading; Memorandum in Support)(Utter, David) Modified on 9/16/2022 to reflect correct event (JEG).
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Filing 74
POST-HEARING BRIEF filed by Defendant . (McCain, Allena) Modified on 9/15/2022 to edit text (LLH).
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Filing 73
POST-HEARING BRIEF filed by Plaintiff . (Utter, David) Modified on 9/15/2022 to edit text (LLH).
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Filing 72
ORDER granting #71 Ex Parte Motion for Extension of Time to Plead. Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers are granted an extension of time until 10/4/2022 to answer or otherwise plead. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/13/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)
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MOTION(S) REFERRED: #71 First MOTION for Extension of Time to File Answer . This motion is now pending before the USMJ. (EDC)
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Filing 71
First MOTION for Extension of Time to File Answer by Jon Bel Edwards (Attachments: #1 Proposed Order)(McCain, Allena)
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Filing 69
Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/8/2022. Witnesses testify. Court will allow simultaneous briefs to be filed by the close of business on 9/14/2022, not to exceed 20 pages. (Court Reporter S. Thompson.) (SWE)
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Filing 68
Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/7/2022. Witnesses sworn and testify. Court recesses until Thursday, 9/8/2022 at 8:30 a.m. (Court Reporter S. Thompson.) (SWE)
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Filing 66
SEALED DOCUMENT Expert Vincent N. Schiraldi Expert Report (Attachments: #1 Exhibit Appendix A- Curriculum Vitae of Vincent N. Schiraldi, MSW, #2 Exhibit Appendix B- Photographs and videos taken on tour of the Juvenile Justice portion of the Louisiana State Penitentiary, September 1, 2022, #3 Exhibit Appendix C- List of documents relied upon by Vincent N. Schiraldi, MSW, #4 Exhibit Appendix D- Photographs and Video of Bridge City Center for Youth) (JEG)
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Filing 65
ORDER granting #50 Sealed Motion for Leave to File Expert Vincent N. Schiraldi Expert Report and Attachments Under Seal. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG)
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Filing 64
SEALED DOCUMENT Dr. Monica Stevens Expert Report (Attachments: #1 Exhibit A- Steven's CV, #2 Exhibit B- List of Docs Relied On) (JEG)
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Filing 63
ORDER granting #48 Sealed Motion for Leave to File Expert Dr. Monica Stevens Expert Report and Attachments Under Seal. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG)
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Filing 62
ORDER granting #58 Sealed Motion to Supplement Doc 48 and Strike Doc 54. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (JEG)
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Filing 61
ORDER granting #60 MOTION to Substitute Doc 41- Notice of Filing CV of Monica Stevens filed by Molly Smith. Signed by Chief Judge Shelly D. Dick on 9/7/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 77
SEALED ELECTRONIC EXHIBITS for hearing dated 9/6/2022. (JEG) Modified on 9/21/2022 to edit file date (JEG).
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Filing 70
ELECTRONIC EXHIBIT List for preliminary injunction hearing dated 9/6/2022. (SWE)
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Filing 67
Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Evidentiary Hearing held on 9/6/2022. Witnesses sequestered; Stipulated exhibits filed. Witnesses testify. Court recesses until 9/7/2022 at 8:30 a.m. (Court Reporter S. Thompson.) Pursuant to Local Rules, offering parties shall retain custody of exhibits..(SWE)
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Filing 60
MOTION to Substitute Doc 41- Notice of Filing CV of Monica Stevens by Molly Smith (Attachments: #1 Proposed Order Proposed Order on Motion to Substitute Doc 41, #2 Proposed Pleading; Notice of Filing CV of Dr. Monica Stevens)(Utter, David)
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Filing 59
SEALED DOCUMENT Exhibit List to Doc 50 to #50 SEALED MOTION (NON-PUBLIC ENTRY) (NEF Suppressed) . (Attachments: #1 Exhibit Appendix A- Curriculum Vitae of Vincent N. Schiraldi, MSW, #2 Exhibit Appendix B- Photographs and videos taken on tour of the Juvenile Justice portion of the Louisiana State Penitentiary, September 1, 2022, #3 Exhibit Appendix C- List of documents relied upon by Vincent N. Schiraldi, MSW, #4 Exhibit Appendix D- Photographs and Video of Bridge City Center for Youth)(Utter, David)
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Filing 58
SEALED DOCUMENT Motion to Supplement Doc 48 and Strike Doc 54 to 54 SEALED Document, #48 SEALED MOTION (NON-PUBLIC ENTRY) (NEF Suppressed) . (Attachments: #1 Proposed Order Proposed Order on Motion to Supplement Doc 48 and Strike Doc 48, #2 Exhibit Supplement to Doc 48- Expert Report Dr. Monica Stevens)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG).
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Filing 57
Supplemental Proposed Findings of Fact by Molly Smith. (Utter, David) Modified on 9/7/2022 to edit text. (EDC).
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Filing 56
ORDER granting #45 Motion for Writ of Habeas Corpus ad testificandum. Signed by Chief Judge Shelly D. Dick on 9/5/2022. (SWE)
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Filing 55
ORDER granting #52 MOTION for Leave to Certain Exhibits Conventionally. Signed by Chief Judge Shelly D. Dick on 9/5/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 54
STRICKEN FROM THE RECORD SEALED DOCUMENT Expert Report to #48 SEALED Document, Report of Dr. Monica Stevens. (Utter, David) Modified on 9/7/2022 to strike document in accordance with Order, rec doc 62 (JEG).
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Filing 53
Exhibit List Plaintiff's Trial Witness and Exhibit List by Molly Smith.. (Utter, David)
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Filing 52
MOTION for Leave to File Certain Exhibits Conventionally by Molly Smith (Attachments: #1 Proposed Order)(Murell, Christopher)
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Filing 51
Proposed Findings of Fact by Molly Smith. (Utter, David)
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Filing 50
SEALED DOCUMENT Motion for Leave to File Expert Vincent N. Schiraldi Expert Report and Attachments Under Seal_Final . (Attachments: #1 Proposed Order Proposed Order, #2 Attachment Expert Report, #3 Exhibit Appendix A, #4 Exhibit Appendix B, #5 Exhibit Appendix C, #6 Exhibit Appendix D)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG).
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Filing 49
Proposed Findings of Fact by Jon Bel Edwards, James M. LeBlanc, William Sommers. (McCain, Allena)
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Filing 48
SEALED DOCUMENT MOTION for Leave to File Expert Dr. Monica Stevens Expert Report and Attachments Under Seal . (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit A- Steven's CV, #3 Exhibit B- List of Docs Relied On)(Utter, David) Modified on 9/6/2022 to reflect correct event (JEG). (Additional attachment(s) added on 9/7/2022 in accordance with Order, doc 62: #4 Expert Report Dr. Monica Stevens) (JEG).
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Filing 47
Exhibit List and Witness List by Jon Bel Edwards.. (McCain, Allena)
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Filing 46
NOTICE OF Subpoena appear and testify at trial to Tracy Falgout by Molly Smith (Utter, David) (Main Document 46 replaced on 9/7/2022) (EDC). Modified on 9/7/2022 to flatten document. (EDC).
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Filing 45
MOTION for Writ of Habeas Corpus ad testificandum for Alex A. to be present to testify on September 6, 2022 by Molly Smith (Attachments: #1 Proposed Order)(Murell, Christopher)
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Filing 44
NOTICE OF Subpoena appear and testify at trial to Orlando Martinez by Molly Smith (Utter, David) (Main Document 44 replaced on 9/7/2022) (EDC). Modified on 9/7/2022 to flatten document. (EDC).
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Filing 43
NOTICE OF Subpoena to appear and testify at trial to William Sommers by Molly Smith (Utter, David) (Main Document 43 replaced on 9/6/2022) (EDC). Modified on 9/6/2022 to flatten document. (EDC).
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Filing 42
NOTICE OF Subpoena to appear and testify at trial to Warden Tim Hooper by Molly Smith (Utter, David) (Main Document 42 replaced on 9/6/2022) (EDC). Modified on 9/6/2022 to flatten document. (EDC).
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Filing 41
NOTICE of Plaintiffs Notice of Filing Expert Monica L. Stevens, Ph.D. Curriculum Vitae and Resume by Molly Smith (Attachments: #1 Exhibit A- Steven's CV)(Utter, David) Modified on 9/7/2022 to replace document per Order #61 (LLH). Modified on 9/8/2022 to edit the text (NLT).
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Filing 40
ORDER granting #38 Motion for Tammie M. Gregg to Appear Pro Hac Vice on behalf of Plaintiff Molly Smith. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 9/2/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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Filing 39
Minute Entry/Order for proceedings held before Magistrate Judge Richard L. Bourgeois, Jr.: Telephone Conference held on 9/1/2022. The undersigned informed the parties that it was reasonable to conduct certain limited depositions. (SGO)
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Filing 38
MOTION for Tammie M. Gregg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2471852) by Molly Smith (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Exhibit B- Declaration and Oath of Tammie Gregg, #3 Proposed Order Proposed Order on Motion)(Utter, David)
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MOTION(S) REFERRED: #38 MOTION for Tammie M. Gregg to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2471852). This motion is now pending before the USMJ. (EDC)
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Filing 37
Notice to Counsel: At the request of counsel for Plaintiff, a Telephone Conference is set for 9/1/2022 at 03:00 PM before Magistrate Judge Richard L. Bourgeois Jr. Counsel for Plaintiff shall initiate the call to all parties then contact the Court at (225) 389-3602. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SGO)
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Filing 36
ORDER granting #33 Motion for Entry of a Protective Order. Signed by Chief Judge Shelly D. Dick on 8/31/2022. (SWE)
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Filing 35
ORDER granting #31 and #32 Motions to Appear Pro Hac Vice. Attorneys Nancy Rosenbloom and Aditi Shah are enrolled as pro hac vice co-counsel for Plaintiff Molly Smith. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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Filing 34
ORDER granting #30 Motion for Anna Little Morris to Appear Pro Hac Vice on behalf of Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/31/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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Filing 33
Unopposed MOTION for Protective Order by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Exhibit 1 - proposed Protective Order)(McCain, Allena)
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Filing 32
MOTION for Aditi Shah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470848) by Molly Smith (Attachments: #1 Exhibit A- Certificate of Good Standing- US District Court for the Southern District of New York, #2 Exhibit B- Declaration and Oath of Aditi Shah, #3 Proposed Order Proposed Order)(Utter, David)
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Filing 31
MOTION for Nancy Rosenbloom to Appear Pro Hac Vice Motion for Nancy Rosenbloom to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470716) by Molly Smith (Attachments: #1 Exhibit A- Certificate of Good Standing- US District Court for Western District of Wisconsin, #2 Exhibit B- Declaration and Oath of Nancy Rosenbloom, #3 Proposed Pleading; Proposed Order)(Utter, David)
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MOTION(S) REFERRED: #32 MOTION for Aditi Shah to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470848), #33 Unopposed MOTION for Protective Order . This motion is now pending before the USMJ. (EDC)
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MOTION(S) REFERRED: #31 MOTION for Nancy Rosenbloom to Appear Pro Hac Vice Motion for Nancy Rosenbloom to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470716). This motion is now pending before the USMJ. (EDC)
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MOTION(S) REFERRED: #30 MOTION for Anna Little Morris to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470420). This motion is now pending before the USMJ. (EDC)
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Filing 30
MOTION for Anna Little Morris to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2470420) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Attachment Declaration of Anna Little Morris, #2 Proposed Order)(Archey, Connell)
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Filing 29
ORDER granting #22 and #23 Motions to Appear Pro Hac Vice. Attorneys Lem E. Montgomery, III and Kyle V. Miller are enrolled as pro hac vice co-counsel for Defendants Jon Bel Edwards, James M. LeBlanc, and William Sommers. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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Filing 28
RESPONSE in Opposition to #3 Emergency MOTION for Temporary Restraining Order filed by Jon Bel Edwards, James M. LeBlanc, William Sommers. (Attachments: #1 Exhibit A - Affidavit of Revettea Woods,, #2 Exhibit B - Affidavit of Deron Patin, #3 Exhibit C - Affidavit of Shenell Deville, #4 Exhibit D - Affidavit of Denise Dandridge, #5 Exhibit E - Affidavit of Beth Broussard, #6 Exhibit F - Declaration of Curtis Nelson, #7 Exhibit G - Declaration of Angela Bridgewater).(LLH)
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Filing 27
ORDER granting #26 Motion for Leave to File Excess Pages. Signed by Chief Judge Shelly D. Dick on 8/29/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 26
Unopposed MOTION for Leave to File Excess Pages to Defendants' Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Proposed Order, #2 Proposed Pleading; Defendants' Response in Opposition to Plaintiff's Motion for a Temporary Restraining Order, #3 Exhibit A - Affidavit of Revettea Woods, #4 Exhibit B - Affidavit of Deron Patin, #5 Exhibit C - Affidavit of Shenell Deville, #6 Exhibit D - Affidavit of Denise Dandridge, #7 Exhibit E - Affidavit of Beth Broussard, #8 Exhibit F - Declaration of Curtis Nelson, #9 Exhibit G - Declaration of Angela Bridgewater)(McCain, Allena)
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Filing 25
NOTICE OF PLAINTIFFS NOTICE OF AGREEMENT ON EXPERT TOUR by Molly Smith (Utter, David) Modified on 8/29/2022 to edit text (LLH).
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Filing 24
RULING denying without prejudice #20 Motion to Interview Youth In Custody at BCCY. Signed by Chief Judge Shelly D. Dick on 8/26/2022. (SWE) Modified on 8/26/2022 to edit text (SWE).
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MOTION(S) REFERRED: #23 MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469143), #22 MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469125). This motion is now pending before the USMJ. (EDC)
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Filing 23
MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469143) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Exhibit 1 - Declaration of Kyle V. Miller, #2 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Archey, Connell)
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Filing 22
MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2469125) by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Exhibit 1 - Declaration of Lem Montgomery, #2 Proposed Order 2 - Proposed Order Granting Motion to Appear Pro Hac Vice)(Archey, Connell)
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Filing 21
NOTICE OF DISCLOSURE OF JUVENILE JUSTICE EXPERT VINCENT N. SCHIRALDI by Molly Smith (Attachments: #1 Exhibit A- Vincent N. Schiraldi CV and Resume)(Utter, David) Modified on 8/26/2022 to edit text. (EDC).
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Filing 20
MOTION Plaintiff's Motion to Interview Youth In Custody at BCCY and Memorandum in Support by Molly Smith (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Plaintiff's Motion to Interview Youth Custody at BCCY)(Utter, David) Modified on 8/26/2022 to create docket entry relationship (SWE).
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Filing 19
ORDER denying #17 Motion for Protective Order, without prejudice. Defendants move the Court for a Protective Order asserting at paragraph 4 of their Motion that "the Court has ordered Defendants to produce the documents in their possession related to the plan to transfer Youth to BCCY-WF." Defendants submit that these documents contain confidential information and thus seek a protective order. The Court did not order the production of any documents other than the transfer and detention plan. See Minute Entry #14 . Defendants fail to articulate what confidential information is contained in the plan ordered to be disclosed. Alternatively, Defendants move for an extension of time to disclose the transfer plan. Defendants fail to articulate how an extension of time to disclose the transfer plan obviates the need for a protective order to protect confidential information. The Motion for Protective Order #17 is DENIED, without prejudice. The Motion for extension of time to disclose the transfer and detention plan is DENIED. Although it is entirely unclear to the Court the nature and extent of confidential information that may be included in the plan, the parties are encouraged to reach an agreement to protect confidential information which may be included in the plan. Signed by Chief Judge Shelly D. Dick on 8/24/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Dick, Shelly)
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Filing 18
MEMORANDUM of Law on Confidentiality of Youth Identities and Case Records filed by All Defendants. (McCain, Allena) Modified on 8/26/2022 to edit text. (EDC) Modified on 8/26/2022 to create the docket entry relationship (NLT).
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Filing 17
Emergency MOTION for Protective Order or, in the Alternative, for an Extension of Time by Jon Bel Edwards, James M. LeBlanc, William Sommers (Attachments: #1 Exhibit 1 - Protective Order, #2 Exhibit 2 - Email Communications Between Counsel, #3 Exhibit 3 - Protective Order with Plaintiff's Edits)(King, Madaline)
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Filing 16
ORDER granting #12 and #13 Motions to Appear Pro Hac Vice. Attorneys David Shanies and William R. Claiborne are enrolled as pro hac vice co-counsel for Plaintiff. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/24/2022. (SGO)ATTENTION: Local counsel shall provide the following link to those attorneys granted leave to proceed pro hac vice in the Middle District of Louisiana who choose to register for e-file access #www.lamd.uscourts.gov/pro-hac-vice-e-filing-registration.
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Filing 15
RULING denying #3 Emergency Motion for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 8/23/2022. (SWE)
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Filing 14
Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Conference held on 8/23/2022. Preliminary Injunction Hearing before the District Judge set for 9/6/2022 at 09:00 AM in Courtroom 1 and 9/7/2022 at 09:00 AM in Courtroom 3 before Chief Judge Shelly D. Dick. Parties shall comply with deadlines set forth herein. (SWE)
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Filing 13
MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467673) by Alex A. (Attachments: #1 Proposed Order Proposed Order on Motion for Pro Hac for William Claiborne, #2 Exhibit A- Certificate of Good Standing, #3 Exhibit B- Declaration of and Oath of William R.Claiborne)(Utter, David)
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MOTION(S) REFERRED: #13 MOTION for William R. Claiborne to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467673), #12 MOTION for David Shanies to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467320). This motion is now pending before the USMJ. (EDC)
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Filing 12
MOTION for David Shanies to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2467320) by Alex A. (Attachments: #1 Proposed Order, #2 Declaration, #3 Certificate of Good Standing)(Murell, Christopher) (Attachment 3 replaced on 8/23/2022) (EDC). Modified on 8/23/2022 to flatten document. (EDC).
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Filing 11
Letter to Attorney David Utter regarding William R. Claiborne, Hector Linares and David Shanies who are co-Counsel for party Alex A.. Attorneys are not admitted to practice in LAMD. (EDC)
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Filing 10
SEALED EXHIBITS #9 MEMORANDUM in Support of #3 Emergency MOTION for Temporary Restraining Order. (Attachments: #1 Exhibit 7) (LLH)
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Filing 9
MEMORANDUM in Support of #3 Emergency MOTION for Temporary Restraining Order filed by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Attachments: #1 Exhibit 1- Glenn Holt dec and resume, #2 Exhibit 2- Redacted Dec of Alex A.,, #3 Exhibit 3- OJJ Open Records response, #4 Exhibit 4- SSD1 Open Records response, #5 Exhibit 5- -DOC Open Records response, #6 Exhibit 6- Parent Declaration - M.S. (Executed),, #7 Exhibit 7- TO BE FILED UNDER SEAL DOC, #8 Exhibit 8- demand letter and response,, #9 Exhibit 9- BCCY Angola letter 8.2 signatures, #10 Exhibit 10- July 19 press Edwards release, #11 Exhibit List)(LLH)
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Filing 8
ORDER granting #6 SEALED Motion for Leave to File Under Seal Exhibits 1 and 7 Under Seal. Signed by Chief Judge Shelly D. Dick on 8/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 7
ORDER granting #4 MOTION for Leave to Exceed Page Limitation to Plaintiff's Emergency Motion for Temporary Restraining Order. Signed by Chief Judge Shelly D. Dick on 8/18/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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Filing 6
SEALED MOTION for Leave to File Motion for Leave to file Under Seal Exhibits 1 and 7 Under Seal by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Attachments: #1 Proposed Pleading; Exhibit 1, #2 Proposed Pleading; Exhibit 2)(Utter, David) Modified on 8/22/2022 to remove duplicate text (JEG).
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Filing 5
ORDER: Telephone Conference set for 8/23/2022 at 10:00 AM before Chief Judge Shelly D. Dick. Participant instructions will be sent separately to Plaintiffs' counsel by email. Since counsel for Defendants have not yet made an appearance in this case, counsel for Plaintiffs is responsible for providing opposing counsel with notice of the date, time and details of this conference. Signed by Chief Judge Shelly D. Dick on 8/22/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE)
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Filing 4
MOTION for Leave to Exceed Page Limitation to Plaintiff's Memorandum in Support of Plaintiff's Emergency Motion for Temporary Restraining Order by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Attachments: #1 Proposed Order Order on Motion, #2 Proposed Pleading; Plaintiff's Memorandum in Support of Plaintiff's Emergency Motion for Temporary Restraining Order, #3 Exhibit 1- Glenn Holt dec and resume, #4 Exhibit 2- Redacted Dec of Alex A., #5 Exhibit 3- OJJ Open Records response, #6 Exhibit 4- SSD1 Open Records response, #7 Exhibit 5- -DOC Open Records response, #8 Exhibit 6- Parent Declaration - M.S. (Executed), #9 Exhibit 7- TO BE FILED UNDER SEAL DOC., #10 Exhibit 8- demand letter and response, #11 Exhibit 9- BCCY Angola letter 8.2 signatures, #12 Exhibit 10- July 19 press Edwards release, #13 Exhibit List Exhibit List)(Utter, David) Modified on 8/23/2022 to edit the text (NLT).
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Filing 3
Emergency MOTION for Temporary Restraining Order by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated (Utter, David)
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Filing 2
Certificate of Interested Persons by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Utter, David)
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Filing 1
COMPLAINT Class Action Complaint against All Defendants ( Filing fee $ 402 receipt number ALAMDC-2466294.), filed by ALEX A., by and through his guardian, Molly Smith, individually and on behalf of all others similarly situated. (Attachments: #1 Civil Cover Sheet)(Utter, David)
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