Ascension Properties, Inc. v. Livingston Parish Government, et al
| Ascension Properties, Inc., Livingson Parish Government, Randall Delatte, Erin Sandefur, Gerald McMorris, Jeff Ard, Shane Mack, John Wascom and Livingston Parish Government |
| 3:2023cv00340 |
| May 4, 2023 |
| US District Court for the Middle District of Louisiana |
| Shelly D Dick |
| Erin Wilder-Doomes |
| Other Statutory Actions |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: The #15 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b) and 19, filed by Defendant Erin Sandefur, and the #23 Motion to Dismiss Pursuant to FRCP Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted, filed by Defendants Livingston Parish Government, Randall Delatte, Gerald McMorris, Jeff Ard, Shane Mack, and John Wascom, are TERMINATED by operation of Local Civil Rule 12 in light of the filing of the #32 Amended Complaint by Plaintiff Ascension Properties, Inc. The termination is without prejudice to any party refiling a Motion to Dismiss if grounds exist based upon the allegations contained in the Amended Complaint. Signed by Magistrate Judge Erin Wilder-Doomes on 6/26/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 32 FIRST AMENDED COMPLAINT for Declaratory Relief, Injunctive Relief, and Damages against Randall Delatte, Livingston Parish Government, Shane Mack, Gerald McMorris, Erin Sandefur, John Wascom, filed by Ascension Properties, Inc. (Attachments: #1 Attachment Chris Ingram Verification)(Easterly, Tom) Modified on 6/27/2023 to edit title of document. (JEG). |
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Filing 31
ORDER granting #29 Consent Motion for Extension of Time to File Response to #15 MOTION to Dismiss. Response shall be filed by 7/6/2023. Signed by Chief Judge Shelly D. Dick on 6/23/2023. (LLH)
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Filing 30
ORDER granting #28 Motion for Partial Dismissal. Plaintiff's claims against Defendant, Jeff Ard, individually, be and are hereby DISMISSED WITHOUT PREJUDICE, and with Plaintiff fully reserving its rights and claims against the remaining Defendants. Signed by Chief Judge Shelly D. Dick on 6/23/2023. (LLH)
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| Filing 29 Consent MOTION for Extension of Time to File Response to #15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b) and 19, #23 MOTION to Dismiss Pursuant to FRCP Rule 12(b)(6) for Failure to State a Claim by All Plaintiffs (Attachments: #1 Proposed Pleading; Order)(Easterly, Tom) |
| Filing 28 Unopposed MOTION for Partial Dismissal by Ascension Properties, Inc. (Attachments: #1 Proposed Pleading; Order)(Easterly, Tom) |
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Filing 27
ORDER granting and denying in part #26 Ex Parte Motion and Order to Substitute Counsel of Record. IT IS ORDRED that Christopher Moody and Albert D. Giraud be withdrawn as counsel of record and that C. Glenn Westmoreland be enrolled into the record of this Court as counsel for Defendants, Gerald McMorris, Shane Mack and John Wascom. The motion is DENIED as to Sherman Q. Mack enrolling for Defendants, Gerald McMorris, Shane Mack and John Wascom for failure to comply with Local Rule 83(b)(5). Signed by Magistrate Judge Erin Wilder-Doomes on 6/14/2023. (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: #26 Ex Parte MOTION to Substitute Sherman Q. Mack and C. Glenn Westmoreland in place of Christopher J. Moody and Albert D. Giraud as Attorney . This motion is now pending before the USMJ. (BLR) |
| Filing 26 Ex Parte MOTION to Substitute Sherman Q. Mack and C. Glenn Westmoreland in place of Christopher J. Moody and Albert D. Giraud as Counsel of Record by Shane Mack, Gerald McMorris, John Wascom (Westmoreland, Charles) Modified on 6/14/2023 to edit title of document. (JEG). |
| Filing 25 Certificate of Interested Persons by Jeff Ard, Randall Delatte, Livingston Parish Government, Shane Mack, Gerald McMorris, Erin Sandefur, John Wascom identifying Affiliate/Interested Person Christopher Moody, Affiliate/Interested Person Albert D. Giraud, Affiliate/Interested Person Ascension Properties, Inc., Affiliate/Interested Person Gerald McMorris, Affiliate/Interested Person Jeff Ard, Affiliate/Interested Person Shane Mack, Affiliate/Interested Person John Wascom, Affiliate/Interested Person Livingston Parish Planning and Zoning Commission, Affiliate/Interested Person Livingston Parish President Layton Ricks, Affiliate/Interested Person Thomas S Easterly, Affiliate/Interested Person Steven B Loeb, Affiliate/Interested Person John S Campbell, Affiliate/Interested Person Peyton T Gascon, Affiliate/Interested Person Seth E Bagwell, Affiliate/Interested Person Garry Talbert, Affiliate/Interested Person Maurice Keen, Affiliate/Interested Person Tracy Girlinghouse, Affiliate/Interested Person Parish of Livingston, Affiliate/Interested Person Randy Delatte for Erin Sandefur, Gerald McMorris, Jeff Ard, John Wascom, Livingston Parish Government, Randall Delatte, Shane Mack.. (Moody, Christopher) . Modified on 6/12/2023 to flatten and replace document (LLH). |
| Filing 24 NOTICE OF DEFICIENCY with LR 7.1 as to #23 Motion to Dismiss for Failure to State a Claim,. Failure to file a Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall file a Certificate of Interested Persons and the interested persons shall be added to CM/ECF by the filer using the event Certificate of Interested Persons. (JEG) |
| Filing 23 MOTION to Dismiss Pursuant to FRCP Rule 12(b)(6) for Failure to State a Claim by Livingston Parish Government, Randall Delatte, Gerald McMorris, Jeff Ard, Shane Mack, and John Wascom (Attachments: #1 Attachment Memorandum in Support, #2 Attachment Order)(Moody, Christopher) Modified on 6/9/2023 to edit title of document and filers. (JEG). |
| Filing 22 Exhibit(s) to #15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b) and 19 by Erin Sandefur. (Attachments: #1 Exhibit A, Livingston Parish Home Rule Charter, #2 Exhibit B, Livingston Parish Ordinance 21-21, #3 Exhibit C, Formal Rezoning Request, #4 Exhibit D a) December 6, 2022, Agenda for council meeting on December 8, 2022, #5 Exhibit D b) December 8, 2022 Minutes of Parish Council Meeting, #6 Exhibit D c) December 15, 2022 Dist. 5 Public Zoning Meeting, #7 Exhibit D d) Jan. 10, 2023 Agenda for council meeting on Jan. 12, 2023, #8 Exhibit D e) Jan. 12, 2023, Minutes of Parish Council Meeting, #9 Exhibit D f) Jan. 24, 2023 Agenda for council meeting on Jan. 26, 2023, #10 Exhibit D g) Jan. 26, 2023, Minutes of Parish Council Meeting, #11 Exhibit D h) Feb. 7, 2023 Agenda for Council meeting on Feb. 9, 2023, #12 Exhibit D i) Feb. 9, 2023 Minutes of Parish Council Meeting)(Loeb, Steven) |
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Filing 21
ORDER granting #18 Ex Parte MOTION to Substitute Exhibit in Prior Filing #15 Motion to Dismiss filed by Erin Sandefur. Signed by Chief Judge Shelly D. Dick on 6/5/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 20 NOTICE OF DEFICIENCY with LR 7.1 as to #16 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (JEG) |
| Filing 19 Notice of Deficiency with Administrative Procedure III(A)(1) as to #15 Motion to Dismiss for Failure to State a Claim. 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. Each exhibit MUST include a description (e.g., Ex.1 Plaintiff Depo). (JEG) |
| *** Add Interested Person by Erin Sandefur identifying Affiliate/Interested Person Livingston Parish Government, Affiliate/Interested Person Ascension Properties, Inc., Affiliate/Interested Person Randall Delatte, Affiliate/Interested Person Gerald McMorris, Affiliate/Interested Person Jeff Ard, Affiliate/Interested Person Shane Mack, Affiliate/Interested Person John Wascom, Affiliate/Interested Person Livingston Holdings, LLC for Erin Sandefur. (Loeb, Steven) |
| Filing 18 Ex Parte MOTION to Substitute Exhibit in Prior Filing #15 Motion to Dismiss by Erin Sandefur (Loeb, Steven) (Main Document 18 replaced on 6/5/2023) (JEG). (Additional attachment(s) added on 6/5/2023: #1 Proposed Pleading) (JEG). Modified on 6/5/2023 to split main document from proposed pleading and to add linkage to document 15. (JEG). |
| Filing 17 Affirmative Defenses and ANSWER to #1 Complaint, by Erin Sandefur.(Loeb, Steven) Modified on 6/5/2023 to edit title of document. (JEG). |
| Filing 16 Certificate of Interested Persons by Erin Sandefur identifying Affiliate/Interested Person Erin Sandefur for Erin Sandefur. (Loeb, Steven) |
| Filing 15 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b) and 19 by Erin Sandefur (Attachments: #1 Memorandum in Support, #2 Exhibit A, Home Rule Charter, #3 Exhibit B, Livingston Parish Ordinance, #4 Exhibit C, Formal Rezoning Request, #5 Exhibit D, in globo, map, agendas, meeting minutes)(Loeb, Steven) Modified on 6/5/2023 to edit title of document. (JEG). |
| Filing 14 Minute Entry for proceedings held before Chief Judge Shelly D. Dick: Telephone Conference held on 5/25/2023. Court and Counsel discuss status of the case. (SWE) |
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Filing 13
ORDER granting #12 Motion for Telephone Status Conference Telephone Status Conference set for 5/25/2023 at 09:00 AM before Chief Judge Shelly D. Dick. Participant instructions will be sent separately by email. Signed by Chief Judge Shelly D. Dick on 5/24/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE)
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| Filing 12 Consent MOTION for Telephone Conference and Expedited Consideration by Ascension Properties, Inc. (Attachments: #1 Proposed Pleading; Order)(Easterly, Tom) |
| Filing 11 Summons Issued as to Gerald McMorris. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
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Filing 10
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/20/2023 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/6/2023. Signed by Magistrate Judge Erin Wilder-Doomes on 5/16/2023. (BLR)
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Filing 9
ORDER granting #4 Motion to Enroll Additional Counsel of Record. Added attorney John Stone Campbell, III for Ascension Properties, Inc. Signed by Magistrate Judge Erin Wilder-Doomes on 5/16/2023. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 8 Summons Submitted as to Gerald McMorris (Easterly, Tom) |
| Filing 7 Summons Issued as to Jeff Ard, Randall Delatte, Shane Mack, Erin Sandefur, John Wascom. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (JEG) |
| Filing 6 Summons Not Issued: Counsel has requested issuance of a summons for Gerald Wade McMorris, Sr. The named person/entity is not reflected on the docket sheet as a party in the case. Therefore, summons will not be issued. (JEG) |
| MOTION(S) REFERRED: #4 MOTION to Enroll John Stone Campbell III as Additional Attorney . This motion is now pending before the USMJ. (JEG) |
| Filing 5 Summons Submitted as to Randall J. Delatte, Erin Sandefur, Gerald Wade McMorris, Sr., Jeff Ard, Shane Mack, John Wascom (Attachments: #1 Attachment Sandefur Summons, #2 Attachment McMorris Summons, #3 Attachment Ard Summons, #4 Attachment Mack Summons, #5 Attachment Wascom Summs)(Easterly, Tom) |
| Filing 4 MOTION to Enroll John Stone Campbell III as Additional Attorney by Ascension Properties, Inc. (Attachments: #1 Proposed Pleading; Order)(Easterly, Tom) |
| Filing 3 NOTICE OF DEFICIENCY with LR 7.1 as to #2 Certificate of Interested Persons. Failure to add interested persons to CM/ECF upon filing of Certificate of Interested Persons REQUIRED CORRECTION: Within one business day, the filer shall add all interested persons listed on the certificate using the event Add Interested Person located under Notices in the CM/ECF system. (JEG) |
| *** Add Interested Person by Ascension Properties, Inc. identifying Corporate Parent Livingston Parish Government, Affiliate/Interested Person Randall Delatte, Affiliate/Interested Person Erin Sandefur, Affiliate/Interested Person Gerald McMorris, Affiliate/Interested Person Jeff Ard, Affiliate/Interested Person Shane Mack, Affiliate/Interested Person Shane Wascom for Ascension Properties, Inc.. (Easterly, Tom) |
| Filing 2 Certificate of Interested Persons by Ascension Properties, Inc. identifying Corporate Parent Ascension Properties, Inc. for Ascension Properties, Inc. (Easterly, Tom) (Main Document 2 replaced on 5/5/2023 to flatten document ) (JEG). |
| Filing 1 COMPLAINT for Declaratory Relief, Injunctive Relief, and Damages against Jeff Ard, Randall Delatte, Livingson Parish Government, Shane Mack, Gerald McMorris, Erin Sandefur, John Wascom ( Filing fee $ 402 receipt number ALAMDC-2577717.), filed by Ascension Properties, Inc. (Attachments: #1 Attachment Civil Cover Sheet)(Easterly, Tom) (Attachment 1 replaced on 5/5/2023 to flatten document) (JEG). |
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