Armstrong v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College
| William M. Armstrong |
| Board of Supervisors of Louisiana State University and Agricultural and Mechanical College |
| 3:2022cv01001 |
| December 8, 2022 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 38 SUR-REPLY MEMORANDUM to #2 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by William M. Armstrong. (LLH) Modified on 1/30/2023 to edit text (LLH). |
Filing 37
ORDER granting #36 MOTION for Leave to File Response to Defendant's Reply Memorandum in Support of Motion to Dismiss. Signed by Chief Judge Shelly D. Dick on 1/27/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 36 MOTION for Leave to File Response to Notice of Opposition to Stay Motion by William M. Armstrong (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Proposed Supplemental Opposition should Leave be Granted)(Thompson, Michael) Modified on 1/26/2023 to edit text. (EDC). |
| Filing 35 MEMORANDUM in Support of #20 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) Reply Memorandum in Support of Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. (Mathews, Kellen) |
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Filing 34
AMENDED ORDER: The 33 Order issued on 1/17/2023 on Motion for Extension of Time is VACATED. The Unopposed Motion for Extension of Time to File Memorandum in Opposition to Motion for Partial Summary Judgment is GRANTED. Defendant's deadline to file an opposition to Plaintiff's Motion for Partial Summary Judgment shall be 21 days from any Order by this Court, denying Defendant's #20 12(b)(1) Motion to Dismiss. Signed by Chief Judge Shelly D. Dick on 1/18/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(SWE)
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Filing 33
ORDER granting #32 Motion for Extension of Time to File Memorandum in Opposition to Motion for Partial Summary Judgment. Opposition shall be filed by 2/8/2023. Signed by Chief Judge Shelly D. Dick on 1/17/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 32 Unopposed MOTION for Extension of Time to File Memorandum in Opposition to Motion for Partial Summary Judgement by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Attachments: #1 Attachment ORDER)(Mathews, Kellen) |
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Filing 31
ORDER granting #30 Motion to Enroll Additional Attorney. Added attorney Karen Reiners Winfrey for Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. Signed by Magistrate Judge Erin Wilder-Doomes on 1/11/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 30 MOTION to Enroll Karen Reiners Winfrey as Additional Attorney by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Attachments: #1 Proposed Pleading; Proposed Order)(Winfrey, Karen) |
| Filing 29 MEMORANDUM in Opposition to #20 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) filed by William M. Armstrong. (Attachments: #1 Exhibit List Exhibit List, #2 Exhibit 1 - Armstrong Employment Agreement)(Thompson, Michael) |
| MOTION(S) REFERRED: #30 MOTION to Enroll Karen Reiners Winfrey as Additional Attorney . This motion is now pending before the USMJ. (EDC) |
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Filing 28
ORDER granting in part #19 Plaintiff William M. Armstrong's Motion for a Stay of March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of His Motion for Partial Summary Judgment. Although Defendant Board of Supervisors of Louisiana State University and Agricultural and Mechanical College has filed a #24 Notice of Opposition, which opposes the reasons Plaintiff seeks relief, good cause exists to grant the requested relief in part. Defendant has filed a #20 Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) which challenges this Court's subject matter jurisdiction based on sovereign immunity. Accordingly, good cause exists to defer entry of a scheduling order at least until a determination is made regarding subject matter jurisdiction, a threshold issue. The case will be reevaluated after a ruling on the #20 Motion to Dismiss. The March 30, 2023 scheduling conference is CANCELED and no status report is due. Signed by Magistrate Judge Erin Wilder-Doomes on 1/6/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| Filing 27 REPLY in Support of #19 MOTION to Stay March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of Motion for Partial Summary Judgment filed by William M. Armstrong. (LLH) |
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Filing 26
ORDER granting #25 MOTION for Leave to File Response to Defendant's Opposition to MOTION to Stay March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of Motion for Partial Summary Judgment filed by William M. Armstrong. Signed by Chief Judge Shelly D. Dick on 1/4/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 25 MOTION for Leave to File to File Response to Defendant Opposition to Stay Motion by William M. Armstrong (Attachments: #1 Proposed Pleading; Proposed Order, #2 Proposed Pleading; Proposed Response should Leave be Granted)(Thompson, Michael) |
| Filing 24 NOTICE OF OPPOSITION to this Court's 23 December 29, 2022 Order by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Mathews, Kellen) Modified on 1/5/2023 to create relationship. (EDC). Modified on 1/6/2023 to edit the text (NLT). |
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Filing 23
NOTICE AND ORDER: The #19 Plaintiff William M. Armstrong's Motion for a Stay of March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of his Motion for Partial Summary Judgment does not indicate the position of Defendant Board of Supervisors of Louisiana State University and Agricultural and Mechanical College with regard to the relief requested. IT IS ORDERED that on or before January 3, 2023 Defendant shall file a Notice with the Court indicating whether it opposes the #19 Motion for Stay. If Defendant opposes the Motion, any opposition memorandum will be due within the normal briefing delays under the Local Civil Rules. Signed by Magistrate Judge Erin Wilder-Doomes on 12/29/2022. (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: #19 MOTION to Stay March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of Motion for Partial Summary Judgment. This motion is now pending before the USMJ. (ELW) |
| Filing 21 Certificate of Interested Persons by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College identifying Affiliate/Interested Person Board of Supervisors for Louisiana State University and Agricultural and Mechanical College, Affiliate/Interested Person Louisiana State University System, Affiliate/Interested Person Michael Mann Thompson, Affiliate/Interested Person William M. Armstrong, Affiliate/Interested Person Taylor Wellons Politz & Duhe, LLC, Affiliate/Interested Person Lisa A. Cahill, Affiliate/Interested Person Lisa Cahill PLLC, Affiliate/Interested Person Louisiana State University for Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.. (Mathews, Kellen) |
| Filing 20 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) by Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Order)(Mathews, Kellen) |
| Filing 19 MOTION to Stay March 16 Status Report Obligations and March 30, 2023 Conference Pending Adjudication of Motion for Partial Summary Judgment by William M. Armstrong (Attachments: #1 Proposed Pleading; Proposed Order)(Thompson, Michael) |
| Filing 18 MOTION for Partial Summary Judgment by William M. Armstrong (Attachments: #1 Memorandum of Law in Support, #2 Rule 56 Statement of Undisputed Material Facts, #3 Exhibit List for Rule 56 Statement, #4 Exhibit A - William Armstrong Affidavit, #5 Exhibit 1 to Affidavit - Armstrong Employment Agreement, #6 Exhibit 2 to Affidavit - First Amendment to Wade Employment Agreement, #7 Exhibit 3 to Affidavit - March 12, 2022 Correspondence from Director of Athletics, #8 Exhibit 4 to Affidavit - March 17, 2022 Correspondence to Director of Athletics, #9 Exhibit 5 to Affidavit - William Armstrong Pay Stubs for March 1, 2022 to March 31, 2022 and April 1, 2022 to April 30, 2022, #10 Exhibit 6 to Affidavit - William Armstrong Pay Stub for May 1, 2022 to May 31, 2022, #11 Exhibit 7 to Affidavit - June 2, 2022 Correspondence to Director of Athletics and Louisiana State University General Counsel, #12 Exhibit 8 to Affidavit - August 2, 2022 Correspondence to Director of Athletics and Louisiana State University General Counsel, #13 Exhibit 8 to Affidavit - June 2/3, 2022 Correspondence from Director of Athletics, #14 Proposed Pleading; Proposed Order)(Thompson, Michael) Modified on 1/3/2023 to edit the text (NLT) |
| Filing 22 SEALED DOCUMENT Unredacted Complaint (filed in accordance with Order rec doc 17) (JEG) |
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Filing 17
ORDER: The #3 Plaintiff William M. Armstrong's Motion, Pursuant to Section II of this Court's Administrative Procedures for Filing Electronic Documents, for Leave to File His Complaint Under Seal and to Redact Certain Matter in His Imminent Partial Summary Judgment Filings, is GRANTED. Notwithstanding the presumption in favor of the public's access to judicial records, the Motion seeks to temporarily seal Plaintiff's Complaint and to redact certain information to be filed in support of summary judgment to avoid possible violation of the National Collegiate Athletic Association (NCAA's) Bylaws which prohibit public disclosure of matters under investigation. Particularly given that the request is to seal and redact only temporarily until the NCAA investigation involving Plaintiff is completed, Plaintiff's Motion meets the applicable balancing test. Accordingly, IT IS ORDERED that Plaintiff is granted leave to file his unredacted [3-2] Complaint under seal and to file redacted versions of the referenced summary judgment documents (3-3 through 3-6) publicly. IT IS FURTHER ORDERED that the Clerk of Court shall maintain UNDER SEAL the #3 Plaintiff William M. Armstrong's Motion, Pursuant to Section II of this Court's Administrative Procedures for Filing Electronic Documents, for Leave to File His Complaint Under Seal and to Redact Certain Matter in His Imminent Partial Summary Judgment Filings at this time. IT IS FURTHER ORDERED that Plaintiff shall move to unseal his Complaint and the Motion, and to file unredacted versions of the redacted filings, no more than fourteen (14) days after the Independent Resolution Panel of the NCAA announces its final decision in the matter to which Plaintiff is a party. Signed by Magistrate Judge Erin Wilder-Doomes on 12/27/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 16 SUMMONS Returned Executed by William M. Armstrong. (Thompson, Michael) |
| Filing 15 SUMMONS Returned Executed by William M. Armstrong. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College served on 12/20/2022, answer due 1/10/2023. (Thompson, Michael) |
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Filing 14
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 3/30/2023 at 03:00 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 3/16/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 12/21/2022. (BLR)
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Filing 13
ORDER: The Summons Returned Executed filed by William M. Armstrong (R. Doc. 8 and 9) are hereby STRICKEN from the record for failure to comply with Fed. R. Civ. P. Rule 4(b). Signed by Magistrate Judge Erin Wilder-Doomes on 12/21/2022. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| Filing 12 Summons Issued as to Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (LLH) |
| Filing 11 Summons Submitted as to The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, through the Louisiana Attorney General Jeff Landry (Thompson, Michael) |
| Filing 10 Summons Submitted as to The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College Through Ms. Valencia Jones, Chair of the Board of Supervisors (Thompson, Michael) |
| Filing 9 STRICKEN FROM THE RECORD SUMMONS Returned Executed by William M. Armstrong. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College served on 12/12/2022, answer due 1/3/2023. (Thompson, Michael) Modified on 12/22/2022 to remove document as it has been stricken by Order #12 (LLH). |
| Filing 8 STRICKEN FROM THE RECORD SUMMONS Returned Executed by William M. Armstrong. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College served on 12/13/2022, answer due 1/3/2023. (Thompson, Michael) Modified on 12/22/2022 to remove document as it has been stricken by Order #12 (LLH). |
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Filing 7
ORDER granting #4 Motion for Lisa Ann Cahill to Appear Pro Hac Vice. 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. Signed by Magistrate Judge Erin Wilder-Doomes on 12/12/2022. (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: #4 MOTION for Lisa Ann Cahill to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2513577). This motion is now pending before the USMJ. (LLH) |
| Filing 6 SEALED DOCUMENT- Exhibits to #3 SEALED MOTION for Leave to File Complaint Under Seal and Other Redacted Pleadings Under Seal . (Attachments: #1 Exhibit A.Unredacted Complaint to be filed under seal., #2 Exhibit B.Unredacted Memorandum in Support of Motion for Summary Judgment with proposed redactions., #3 Exhibit C.Unredacted Rule 56 Statement of Undisputed Facts with proposed redactions., #4 Exhibit D.Undredacted Affidavit of William Armstrong with proposed redactions., #5 Exhibit E.Unredacted correspondence from counsel to LSU with proposed redactions., #6 Proposed Pleading; F.Proposed Order on Motion for Leave.)(Thompson, Michael) Modified on 12/9/2022 to edit docket text (JEG). |
| Filing 5 Notice of Deficiency with Administrative Procedure III(A)(1) as to #3 Leave to File Document Under Seal. 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. (JEG) |
| Filing 4 MOTION for Lisa Ann Cahill to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2513577) by William M. Armstrong (Attachments: #1 Exhibit List Exhibit List, #2 Exhibit A - Certificate of Good Statnding, #3 Exhibit B - Certification of Lisa Ann Cahill, #4 Proposed Pleading; Proposed Order)(Thompson, Michael) |
| Filing 3 SEALED MOTION for Leave to File Complaint Under Seal and Other Redacted Pleadings Under Seal by William M. Armstrong (Attachments: #1 Exhibit List Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Thompson, Michael) Modified on 12/9/2022 to remove duplicate description of attachment 7 (JEG). |
| Filing 2 Certificate of Interested Persons by William M. Armstrong (Thompson, Michael) (Main Document 2 replaced on 12/9/2022) (EDC). Modified on 12/9/2022 to flatten document. (EDC). |
| Filing 1 COMPLAINT Redacted against Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ( Filing fee $ 402 receipt number ALAMDC-2513269.), filed by William M. Armstrong. (Attachments: #1 Attachment Civil Cover Sheet)(Thompson, Michael) (Attachment 1 replaced on 12/12/2022) (JEG). |
| MOTION(S) REFERRED: #3 SEALED MOTION for Leave to File Complaint Under Seal and Other Redacted Pleadings Under Seal . This motion is now pending before the USMJ. (JEG) |
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| Plaintiff: William M. Armstrong | |
| Represented By: | Michael Mann Thompson |
| Represented By: | Lisa Ann Cahill |
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| Defendant: Board of Supervisors of Louisiana State University and Agricultural and Mechanical College | |
| Represented By: | Kellen James Mathews |
| Represented By: | Christopher D. Joseph, Jr. |
| Represented By: | Karen Reiners Winfrey |
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