Hargiss v. LaSalle Corrections L L C et al
| Brian Patrick Hargiss |
| Roger Colvin, Robert Colvin, LaSalle Corrections L L C, Unidentified Parties, Gary Gilley, Caleb R Smith, Jacob Mooney, John Sepulvado, Darius Williams, Leighton Linder and James Travis Simmons |
| LaSalle Corrections, ET AL |
| 3:2018cv01466 |
| November 8, 2018 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Karen L Hayes |
| Kayla D McClusky |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 263 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585 Pioneer, LA 71263, re: Notice of Corrective Action returned marked: No Mail Receptacle Unable to Forward. (crt,Chavis, J) |
| Filing 262 FILED IN WRONG CASE AND BEING RESUBMITTED IN CORRECT CASE. RESPONSE Objection to Report and Recommendation by Magistrate Judge by Brian Patrick Hargiss . (aty,Rountree, James) Modified on 6/29/2022 to reflect filed in wrong case (Miletello, A). |
| NOTICE of Corrective Action to James A Rountree on behalf of Brian Patrick Hargiss regarding #262 Response. Action taken: Modified text to reflect Filed in Wrong Case and counsel to re-file in correct case. (crt,Miletello, A) |
| Filing 261 USCA JUDGMENT/MANDATE (certified copy) as to #254 Notice of Appeal, filed by Leighton Linder, Darius Williams, Gary Gilley that under 5th Cir. R. 42.3, the appeal is DISMISSED as of April 11, 2022, for want of prosecution. The appellant failed to timely order the transcript and make financial arrangements with the court reporter. (USCA #22-30133) (crt,WalkerSld, B) |
| Filing 260 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #258 Order on Motion to Withdraw Document, #254 Notice of Appeal, returned marked: No mail receptacle, unable to forward. (Attachments: #1 Mail Return re: Doc #258 ) (crt,Jones, P) |
| Filing 259 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585 Pioneer, LA 71263, re: Notice of Appeal Transcript Order Requirement, returned marked: Return to Sender - No Mail Receptacle - Unable to Forward. (crt,WalkerSld, B) |
Filing 258
ORDER denying #256 Motion to Withdraw Appeal re #254 Notice of Appeal. Signed by Judge Terry A Doughty on 3/23/2022. (crt,WalkerSld, B)
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| Filing 256 MOTION to Withdraw Appeal by Gary Gilley, Leighton Linder, Darius Williams re #254 Notice of Appeal, (Attachments: #1 Proposed order, #2 Exhibit)(aty,Wixom, Jason) Modified on 3/22/2022 to capture more accurate event (Jones, P). |
| Set/Reset Deadlines as to #256 Motion to Withdraw Document. Motion Ripe Deadline set for 3/22/2022. (crt,Jones, P) |
| Filing 257 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #250 Order returned marked: Return to Sender; Not Deliverable as addressed; Unable to Forward. (crt,Miletello, A) |
| USCA Case Number 22-30133 for #254 Notice of Appeal, filed by Leighton Linder, Darius Williams, Gary Gilley. (crt,WalkerSld, B) |
| Filing 255 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #246 Order on Motion for Miscellaneous Relief, #245 Status Conference,, Set Motion and R&R Deadlines/Hearings, returned marked: Not Deliverable as Addressed, Unable to Forward. (Attachments: #1 Mail Return re: Doc #246 ) (crt,Jones, P) |
| Filing 254 NOTICE OF APPEAL as to #250 Order on Motion for Miscellaneous Relief by Gary Gilley, Leighton Linder, Darius Williams. (Filing fee $505, receipt number ALAWDC-5029983) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(aty,Wixom, Jason) |
| NOTICE of Appeal Transcript Order Requirement regarding #254 Notice of Appeal. Pursuant to FRAP 10(b), the Appellant must file the transcript order form regardless of whether transcripts are necessary. Access the 5th Circuit site by clicking #here. Hover over the Forms Fees & Guides tab, Forms, Court Reporter Forms, Transcript Order Form.In following the instructions on the form, please note manual notification to the court reporter and the 5th Circuit Court of Appeals is STILL REQUIRED. (crt,WalkerSld, B) |
| Filing 253 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #252 Order on Motion for Writ returned marked: Unclaimed, Unable to Forward. (crt,Jones, P) |
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Filing 252
ORDER dismissing #234 Motion for Writ, without prejudice. Signed by Judge Terry A Doughty on 3/3/2022. (crt,Crawford, A)
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| Filing 251 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #244 Minute Entry, Set Hearings, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
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Filing 250
ORDER granting #242 Motion to Determine Prejudgment Interest. Signed by Judge Terry A Doughty on 2/28/2022. (crt,Crawford, A)
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| Filing 249 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #243 Minute Entry, Set Motion and R&R Deadlines/Hearings returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 248 REPLY to Response to Motion re #242 MOTION to Determine Prejudgment Interest Plaintiffs response to defendants prejudgment (#247) interest argument filed by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 247 RESPONSE to Motion re #242 MOTION to Determine Prejudgment Interest filed by Gary Gilley, Leighton Linder, Darius Williams. (aty,Wixom, Jason) |
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Filing 246
ORDER granting 239 Motion to Stay #234 MOTION for Writ of Execution. Signed by Judge Terry A Doughty on 2/17/2022. (crt,Crawford, A)
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| Filing 245 MINUTES for proceedings held before Judge Terry A Doughty: STATUS CONFERENCE held on 2/17/2022. Defendant's response as to #242 MOTION to Determine Prejudgment Interest is due by 2/24/2022. Plaintiff may file a reply by 3/3/2022. (crt,Crawford, A) |
| Filing 244 MINUTE ENTRY: Status Conference set for 2/17/2022 at 2:00 PM by phone before Judge Terry A Doughty re #234 Motion for Writ of Execution, 239 MOTION to Stay and #242 MOTION to Determine Prejudgment Interest. Call-in information will be provided by email to counsel. Signed by Judge Terry A Doughty on 2/14/2022. (crt,Leday, A) |
| Filing 243 MINUTE ENTRY: Defendants' Response as to #242 MOTION to Determine Prejudgment Interest is due by 2/22/2022. Plaintiff may file a reply no later than seven days thereafter. Signed by Judge Terry A Doughty on 2/7/2022. (crt,Crawford, A) |
| Filing 242 MOTION to Determine Prejudgment Interest by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/4/2022. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified text on 2/4/2022 (Reeves, T). |
| Filing 241 MEMORANDUM in Opposition re 239 MOTION to Stay #234 Motion for Writ of Execution filed by Brian Patrick Hargiss. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified text on 2/4/2022 (Reeves, T). |
| Motions Transferred regarding #242 MOTION to Determine Prejudgment Interest. Motions referred to Judge Terry A Doughty. (crt,Reeves, T) |
| Filing 240 PROPOSED ORDER/JUDGMENT by Gary Gilley, Leighton Linder, Darius Williams re 239 Motion for Miscellaneous Relief,. (aty,Wixom, Jason) |
| Filing 239 MOTION to Stay #234 MOTION for Writ of Execution by Gary Gilley, Leighton Linder, Darius Williams. Motions referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 2/2/2022. (crt,Jones, P) Modified on 2/2/2022 to add document number (Jones, P). Modified motion text on 2/4/2022 (Reeves, T). |
| Filing 238 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #236 Costs Taxed returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Motions Transferred regarding 239 MOTION for to Stay #234 Motion for Writ of Execution re #234 MOTION for Writ of Execution. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 237 MINUTE ENTRY: Defendants response to #234 MOTION for Writ of Execution is due by 2/2/2022. Plaintiff may file a reply seven days thereafter. Signed by Judge Terry A Doughty on 1/19/2022. (crt,Crawford, A) |
| Motions Transferred regarding #234 MOTION for Writ of Execution. Motions referred to Judge Terry A Doughty. (crt,Crawford, A) |
| Filing 236 CLERK'S TAXATION OF COSTS. (crt,Miletello, A) |
| Filing 235 EXHIBIT Writ of Execution re #234 MOTION for Writ of Execution by Brian Patrick Hargiss. (aty,Rountree, James) Modified docket text on 1/13/2022 (Miletello, A). |
| Filing 234 MOTION for Writ of Execution by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 1/11/2022. (aty,Rountree, James) Modified on 1/13/2022 to indicate proposed order contained within pdf of main document & modified docket text (Miletello, A). |
| Filing 233 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #230 Order on Motion for New Trial, Order on Motion for Miscellaneous Relief returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 232 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #229 Order on Motion for Attorney Fees returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 231 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #223 Order on Motion for Leave to File returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
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Filing 230
MEMORANDUM ORDER denying #208 Motion for New Trial or Alternatively Remittitur. Signed by Judge Terry A Doughty on 12/9/2021. (crt,Crawford, A)
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Filing 229
MEMORANDUM ORDER granting #203 Motion for Attorney Fees. Signed by Judge Terry A Doughty on 12/9/2021. (crt,Crawford, A)
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| Filing 228 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons 5321 Hwy 585, Pioneer, LA 71263 re: #222 Minute Entry returned marked: Return to Sender - No mail receptacle, unable to forward. (crt,Reeves, T) |
| Filing 227 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #219 Notice of Deficiency, returned marked: Return to Sender - No mail receptacle, unable to forward. (crt,Reeves, T) |
| Filing 226 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #209 Notice of Motion Setting returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 225 SUPPLEMENTAL EXHIBITS (Medical Records Invoice) re #204 Bill of Costs by Brian Patrick Hargiss. (Attachments: #1 Scroggin Invoice, #2 Deposition Costs, #3 Subpoena Invoices)(crt,Crawford, A) |
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Filing 224
ORDER granting #216 Motion to Supplement Bill of Costs. Signed by Judge Terry A Doughty on 12/6/2021. (crt,Crawford, A)
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Filing 223
ORDER denying #220 Motion for Leave to File. Signed by Judge Terry A Doughty on 11/23/2021. (crt,Crawford, A)
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| Filing 222 MINUTE ENTRY: Defendant's response as to #216 MOTION for Leave to Supplement Bill of Costs due by 11/29/2021. Plaintiff may file a reply within three days thereafter. Signed by Judge Terry A Doughty on 11/22/2021. (crt,Crawford, A) Modified docket text on 11/24/2021 (Crawford, A). |
| Filing 221 REPLY to Response to Motion re #208 MOTION for New Trial or, Alternatively, Remittitur MOTION for Reduction filed by Gary Gilley, Leighton Linder, Darius Williams. (aty,Wixom, Jason) |
| Filing 220 MOTION for Leave to File Memorandum in Opposition to Defendants Motion for New Trial and to Supplement Plaintiff's Bill of Costs with Receipts and Additional Documentation with opposition by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/22/2021. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 11/22/2021 to edit text and indicate SEE #215 PROPOSED Pleading (Jones, P). |
| Filing 219 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #215 Response to Motion. Reason: Leave of court is required for the filing of this supplemental pleading. Please refer to Fed.R.Civ.P. 15(d) regarding supplemental pleadings for additional information. (crt,Jones, P) |
| Motions Transferred regarding #220 MOTION for Leave to File Memorandum in Opposition to Defendants Motion for New Trial and to Supplement Plaintiff's Bill of Costs with Receipts and Additional Documentation with opposition . Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Motions Transferred regarding #216 MOTION to Amend/Correct #204 Bill of Costs with consent sought but not yet obtained Motion to Supplement Bill of Costs. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 218 BILL OF COSTS by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 11/22/2021 capture proper event, incorrectly filed as a motion (Jones, P). |
| Filing 217 PROPOSED ORDER re: #216 by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 11/22/2021 to add document relation (Jones, P). |
| Filing 216 MOTION to Amend/Correct #204 Bill of Costs with consent sought but not yet obtained Motion to Supplement Bill of Costs by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 11/19/2021. (Attachments: #1 Exhibit medical records invoice, #2 Exhibit Scroggin Invoices, #3 Exhibit Deposition costs, #4 Exhibit Subpoena Invoices)(aty,Rountree, James) |
| Filing 215 REPLY to opposition to #203 MOTION for Attorney Fees filed by Brian Patrick Hargiss. (Attachments: #1 Exhibit Revised Bill)(aty,Rountree, James) Modified on 11/22/2021 to indicate deficiency (Jones, P). Modified on 11/22/2021 to remove deficiency, indicate proposed see #220 Motion (Jones, P). Modified on 11/22/2021 to correct event (Crawford, A). |
| Filing 214 MEMORANDUM in Opposition re #208 MOTION for New Trial or, Alternatively, Remittitur MOTION for Reduction filed by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 213 RESPONSE to Motion re #208 MOTION for New Trial or, Alternatively, Remittitur MOTION for Reduction filed by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 212 RESPONSE in Opposition to Bill of Costs by Gary Gilley, Leighton Linder, Darius Williams re #204 Bill of Costs . (aty,Wixom, Jason) |
| Filing 211 MEMORANDUM in Opposition re #203 MOTION for Attorney Fees filed by Gary Gilley, Leighton Linder, Darius Williams. (Attachments: #1 Exhibit)(aty,Wixom, Jason) |
| Filing 210 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #206 Notice of Motion Setting returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 209 NOTICE of Motion Setting regarding: #208 MOTION for New Trial or, Alternatively, Remittitur MOTION for Reduction. Motions referred to Judge Terry A Doughty. Responses due by 12/3/2021 (crt,Bunting, M) |
| Filing 208 MOTION for New Trial or, Alternatively, Remittitur by Gary Gilley, Leighton Linder, Darius Williams. (Attachments: #1 Memorandum / Brief)(aty,Wixom, Jason). Added MOTION for Reduction on 11/12/2021 (Bunting, M). Modified to add additional relief requested on 11/12/2021 (Bunting, M). |
| Filing 207 MAIL RETURNED as Undeliverable re: Doc #174 : Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #201 Judgment, #177 Order, #183 Order on Motion for Judgment as a Matter of Law, Jury Trial - Completed, #181 Jury Trial - Begun, #178 Order, #189 Order, #174 Minute Entry, #198 Minute Entry returned marked: No mail receptacle, unable to forward. (Attachments: #1 Mail Return re: Doc #177 , #2 Mail Return re: Doc #178 , #3 Mail Return re: Doc #181 , #4 Mail Return re: Doc #183 , #5 Mail Return re: Doc #189 , #6 Mail Return re: Doc #198 , #7 Mail Return re: Doc #201 ) (crt,Jones, P) |
| Filing 206 NOTICE of Motion Setting regarding: #203 MOTION for Attorney Fees . Motions referred to Judge Terry A Doughty. Responses due by 11/18/2021 (crt,Jones, P) |
| Filing 205 PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss re #203 Motion for Attorney Fees,. (aty,Rountree, James) |
| Filing 204 BILL OF COSTS by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 203 MOTION for Attorney Fees by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. (Attachments: #1 Rountree Affidavit, #2 Hargiss Statement, #3 Murray Affidavit, #4 Memorandum / Brief)(aty,Rountree, James) Modified on 10/28/2021 to edit text (Jones, P). |
| Filing 202 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #172 Order on Motion to Dismiss/Joint or Voluntary, #171 Status Conference returned marked: No mail receptacle, unable to forward. (Attachments: #1 Mail Return re: Doc #172 ) (crt,Jones, P) |
| Filing 201 JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Terry A Doughty on 10/21/2021. (crt,Crawford, A) |
| Filing 200 PROPOSED ORDER/JUDGMENT by Gary Gilley, Leighton Linder, Darius Williams. (aty,Wixom, Jason) Modified on 10/21/2021 to edit event (Jones, P). |
| Filing 199 RESPONSE in Opposition to Plaintiff's #197 Proposed Judgment by Gary Gilley, Leighton Linder, Darius Williams re #198 Minute Entry . (aty,Wixom, Jason) Modified on 10/21/2021 to edit text (Jones, P). |
| Set/Reset Deadlines as to #200 Proposed Order. Motion Ripe Deadline set for 10/21/2021. (crt,Jones, P) |
| Filing 198 MINUTE ENTRY: Defendants' response as to #197 Proposed Judgment filed by Brian Patrick Hargiss is due by 10/21/21 at 5:00 p.m. Signed by Judge Terry A Doughty on 10/21/2021. (crt,Crawford, A) |
| Set/Reset Deadlines as to #197 Proposed Order. Motion Ripe Deadline set for 10/19/2021. (crt,Jones, P) |
| Filing 197 PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss. (Attachments: #1 Proposed Exhibit 1)(aty,Rountree, James) Modified on 10/20/2021 to capture more appropriate event (Jones, P). |
| Filing 196 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: Notice of Corrective Action returned marked: Not Deliverable as Addressed, Unable to Forward. (crt,Jones, P) |
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Filing 195
ORDER granting #194 Motion to Seal Medical Records filed in evidence at trial. Signed by Judge Terry A Doughty on 10/18/2021. (crt,Crawford, A)
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| Motions Transferred regarding #194 MOTION to Seal Attached Document Medical Records. Motions referred to Judge Terry A Doughty. (crt,Whidden, C) |
| Filing 194 MOTION to Seal Attached Document Medical Records, MOTION to Seal Case , MOTION to Seal Previously Filed Document re: #179 SEALED MOTION Motion to Seal Medical Records, #180 Proposed Order/Judgment by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 10/15/2021. (Attachments: #1 Exhibit P-2 Medical Records, #2 Proposed order Order to Seal Records)(aty,Rountree, James) |
| Filing 180 (FILED IN ERROR - SEE #194 Motion) PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss re #179 Sealed Motion. (aty,Rountree, James) Modified on 10/17/2021 to modify docktet text (Whidden, C). |
| Filing 179 (FILED IN ERROR - SEE #194 Motion) PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 10/14/2021. (aty,Rountree, James) Modified on 10/17/2021 to modify motion and docket text (Whidden, C). |
| Filing 192 JURY VERDICT - Redacted. (crt,Crawford, A) |
| Filing 191 JURY VERDICT (restricted access). (crt,Crawford, A) |
| Filing 190 JURY INSTRUCTIONS. (crt,Crawford, A) |
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Filing 189
ORDER for jury meal. Signed by Judge Terry A Doughty on 10/13/2021. (crt,Crawford, A)
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| Filing 188 DEFENDANTS' EXHIBIT LIST (contains manual exhibits). (crt,Crawford, A) Modified on 10/15/2021 to correct filing date(Crawford, A). (Additional attachment(s) added on 10/15/2021: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Crawford, A). (Additional attachment(s) added on 10/15/2021: #16 Notice of manual attachment Exhibits 16-18, #17 Exhibit 19) (Crawford, A). |
| Filing 187 PLAINTIFF'S EXHIBIT LIST (contains manual exhibits). (crt,Crawford, A) Modified on 10/15/2021 to correct filing date(Crawford, A). (Main Document 187 replaced on 10/18/2021) (Crawford, A). (Additional attachment(s) added on 10/18/2021: #1 Exhibit P 1, #2 Exhibit P 2, #3 Exhbiit P 4, #4 Exhibit P5, #5 Exhibit P6, #6 Exhibit P7, #7 Exhibit P8, #8 Exhibit P9, #9 Exhibit P10) (Crawford, A). (Additional attachment(s) added on 10/18/2021: #10 Notice of manual attachment Exhibit P3) (Crawford, A). |
| Filing 186 WITNESS LIST filed (restricted access). (crt,Crawford, A) (Additional attachment(s) added on 12/6/2021: #1 Deposition Transcript of Dr. Veerapaneini, #2 Deposition Transcript of Dr. Hubbard) (Crawford, A). |
| Filing 185 JURY NOTES - Redacted. (crt,Crawford, A) |
| Filing 184 JURY NOTES (restricted access). (crt,Crawford, A) |
| Filing 183 MINUTES for proceedings held before Judge Terry A Doughty: JURY TRIAL completed on 10/13/2021. Oral Order granting in part and denying in part 182 Motion for Judgment as a Matter of Law. (Court Reporter: Debbie Lowery) (crt,Crawford, A) |
| Filing 182 ORAL MOTION for Judgment as a Matter of Law, by Gary Gilley, Leighton Linder, Darius Williams. (crt,Crawford, A) |
| Filing 193 PEREMPTORY / CAUSE CHALLENGES filed under seal. (crt,Crawford, A) |
| Filing 181 MINUTES for proceedings held before Judge Terry A Doughty: JURY TRIAL - Day 1 held on 10/12/2021. (Court Reporter: Debbie Lowery) (crt,Crawford, A) |
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Filing 178
ORDER re: Defendants' proposed Jury Verdict Form. Signed by Judge Terry A Doughty on 10/8/2021. (crt,Crawford, A)
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Filing 177
MEMORANDUM ORDER re: Objections to Trial Exhibits. Signed by Judge Terry A Doughty on 10/8/2021. (crt,Crawford, A)
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| Filing 176 PRETRIAL Memorandum on Vicarious Liability by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 10/8/2021 to edit text (Jones, P). |
| Filing 175 PRETRIAL Memorandum by Gary Gilley, Leighton Linder, Darius Williams. (aty,Wixom, Jason) Modified on 10/7/2021 to edit text (Jones, P). |
| Filing 174 MINUTE ENTRY: The Parties are directed to file simultaneous briefs by Thursday, October 7, 2021, at 5:00 p.m. re: issues contained in Mr. Rountrees emails. Signed by Judge Terry A Doughty on 10/6/2021. (crt,Crawford, A) (Main Document 174 replaced on 10/6/2021) (Crawford, A). |
| NOTICE of Corrective Action regarding #174 Minute Entry,. Action taken: Document replaced to correct clerical error. (crt,Crawford, A) |
| Filing 173 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #155 Order on Motion to Dismiss/Joint or Voluntary returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 172 JUDGMENT granting #161 Motion to Dismiss. Plaintiff's claims against Robert Colvin and John Sepulvado are hereby dismissed without prejudice. Signed by Judge Terry A Doughty on 10/5/2021. (crt,Crawford, A) |
| Filing 171 MINUTES for proceedings held before Judge Terry A Doughty: STATUS CONFERENCE held on 10/4/2021. Trial remains set as a first setting on 10/12/21. (crt,Crawford, A) |
| Filing 170 PROPOSED JURY INTERROGATORIES by Brian Patrick Hargiss . (aty,Rountree, James) Modified on 10/5/2021 to edit text (Jones, P). |
| Filing 169 PROPOSED JURY INTERROGATORIES/VERDICT by Gary Gilley, Leighton Linder, Darius Williams . (aty,Wixom, Jason) |
| Filing 168 PRETRIAL Memorandum on Evidence by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 10/5/2021 to edit text (Jones, P). |
| Filing 167 Joint PROPOSED JURY INSTRUCTIONS by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams corrected copy. (aty,Rountree, James) Modified on 10/5/2021 to add filers (Jones, P). |
| Filing 166 Joint PROPOSED JURY INSTRUCTIONS by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams . (aty,Rountree, James) Modified on 10/5/2021 to add filers (Jones, P). |
| Filing 165 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #154 Minute Entry, Set Hearings returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 164 PROPOSED VOIR DIRE by Gary Gilley, Leighton Linder, Darius Williams . (aty,Wixom, Jason) |
| Filing 163 WITNESS LIST filed (restricted access) by Gary Gilley, Leighton Linder, Darius Williams. (aty,Arcuri, Blake) |
| Filing 162 PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss re #161 Motion to Dismiss, Motion to Dismiss/Joint or Voluntary. (aty,Rountree, James) |
| Filing 161 VOLUNTARY MOTION to Dismiss (Motion Ripe Deadline set for 10/4/2021.) by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. (aty,Rountree, James) Modified on 10/4/2021 to remove extra event and edit text (Jones, P). |
| Filing 160 WITNESS LIST filed (restricted access) by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 159 PRETRIAL Evidentiary Memorandum by Robert Colvin, Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams. (Attachments: #1 Exhibit)(aty,Wixom, Jason) Modified on 10/4/2021 to edit text (Jones, P). |
| Filing 158 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 151 Settlement Conference, #153 Pretrial Conference - Final returned marked: No mail receptacle, unable to forward. (Attachments: #1 Mail Return re: Doc #153 ) (crt,Jones, P) |
| Filing 157 PROPOSED FINDINGS OF FACT by Brian Patrick Hargiss . (aty,Rountree, James) |
| Filing 156 PROPOSED FINDINGS OF FACT by Robert Colvin, Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams . (aty,Arcuri, Blake) |
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Filing 155
ORDER granting #152 Voluntary Motion to Dismiss Jacob Mooney and Caleb R Smith. Signed by Judge Terry A Doughty on 9/29/2021. (crt,Crawford, A)
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| Filing 154 MINUTE ENTRY: Telephone Status Conference set for 10/4/2021 at 1:30 PM before Judge Terry A Doughty. Call-in information will be provided separately. Signed by Judge Terry A Doughty on 9/28/2021. (crt,Crawford, A) |
| Filing 153 MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: FINAL PRETRIAL CONFERENCE held on 9/28/2021. Trial set for October 12, 2021 as a first setting. (crt,Crawford, A) |
| Filing 152 VOLUNTARY MOTION to Dismiss Jacob Mooney and Caleb Smith as Defendants by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. (aty,Rountree, James) Modified on 9/28/2021 to capture more accurate event and edit text (Jones, P). |
| Filing 151 MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SETTLEMENT CONFERENCE held on 9/28/2021. The parties engaged in good faith efforts, but were unable to reach resolution. (jud,McClusky, Kayla) |
| Motions Transferred regarding #152 Motion to Dismiss Voluntary. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 150 WITNESS LIST filed (restricted access) Exhibit list was uploaded twice Doc # 143 needs to be changed out by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 149 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 140 Minute Entry, returned marked: Return to Sender - No Mail Receptacle - Unable to Forward. (crt,Bunting, M) |
| Filing 148 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 134 Minute Entry, returned marked: Return to Sender - No Mail Receptacle - Unable to Forward. (crt,Bunting, M) |
| Filing 147 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 145 Status Conference, returned marked: No such street, unable to forward. (crt,Jones, P) |
| Filing 146 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 141 Minute Entry, Set Hearings, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 145 MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: STATUS CONFERENCE held on 9/13/2021. Present were counsel for Plaintiff, James Rountree, and counsel for Defendant, Blake Arcuri. Plaintiff's counsel will file an amended proposed pre-trial order by tomorrow, removing Plaintiff's claim of wrongful arrest. (jud,McClusky, Kayla) |
| Filing 144 PRETRIAL Joint Pretrial Order by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. (aty,Rountree, James) Modified on 9/13/2021 to add filers (Jones, P). |
| Filing 143 WITNESS LIST filed (restricted access) by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 9/24/2021 to indicate exhibit list uploaded in error - SEE #150 Witness List (Jones, P). |
| Filing 142 EXHIBIT LIST by Brian Patrick Hargiss. (aty,Rountree, James) |
| Filing 141 ELECTRONIC MINUTE ENTRY: Scheduling Conference set for 9/13/2021 at 10:00 AM by phone before Magistrate Judge Kayla D McClusky. All counsel will be notified by separate email with call-in information. Signed by Magistrate Judge Kayla D McClusky on 9/9/2021. (crt,Leday, A) |
| Filing 140 ELECTRONIC MINUTE ENTRY: For clarification purposes, the pre-trial conference previously set for September 9, 2021, will not be held. Instead,as previously indicated, a pre-trial conference, if necessary, will be held following the settlement conference set for September 28, 2021. Signed by Magistrate Judge Kayla D McClusky on 9/8/2021. (jud,McClusky, Kayla) |
| Filing 139 EXHIBIT LIST by Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. (aty,Arcuri, Blake) |
| Filing 138 WITNESS LIST filed (restricted access) by Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. (aty,Arcuri, Blake) |
| Filing 137 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #131 Order on Motion in Limine, returned marked: Return to Sender - No Such Street - Unable to Forward. (crt,Bunting, M) |
| Filing 136 EXHIBIT Trigeminal Neuralgia re #135 TRIAL BRIEF by Brian Patrick Hargiss. (aty,Rountree, James) Modified to add docket entry relationship on 9/7/2021 (Bunting, M). |
| Filing 135 TRIAL BRIEF by Brian Patrick Hargiss. (aty,Rountree, James) Modified to add docket entry relationship on 9/7/2021 (Bunting, M). See #136 Exhibit. |
| Filing 134 ELECTRONIC MINUTE ENTRY: A settlement conference is set before the undersigned by zoom on September 28, 2021, at 9:30 a.m. If the parties do not reach agreement, a pre-trial conference will be held immediately following the conclusion of the settlement conference. Counsel are reminded that the updates to their confidential settlement statements are due no later than September 24, 2021, by noon. Signed by Magistrate Judge Kayla D McClusky on 9/2/2021. (jud,McClusky, Kayla) |
| Filing 133 DUPLICATE: Joint PROPOSED PRETRIAL ORDER by Brian Patrick Hargiss . (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 9/1/2021 to indicate appears to be a duplicate of Document #132 (Jones, P). |
| Filing 132 PRETRIAL Joint Pretrial Order by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams . (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 9/1/2021 to add filers (Jones, P). |
| Per 122 Electronic Minute Entry: Settlement Conference set for 9/28/2021 at 9:30 AM by video conference before Magistrate Judge Kayla D McClusky. (crt,Leday, A) |
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Filing 131
ORDER granting #124 Motion in Limine. Any evidence offered by Defendants that reduce Defendants' liability for medical expenses incurred by Plaintiff by reason of insurance is excluded. Signed by Judge Terry A Doughty on 8/26/2021. (crt,Crawford, A)
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| Filing 130 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Highway 585 Pioneer LA 71263, returned marked: No mail receptacle unable to forward. (crt,Greenwald, A) |
| Filing 129 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #127 Notice of Motion Setting returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
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Filing 128
ORDER granting #126 Motion to Enroll as Co-Counsel. Added as co-counsel Jason Paul Wixom for Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, and Darius Williams. Signed by Magistrate Judge Kayla D McClusky on 8/2/2021. (crt,Leday, A)
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| Filing 127 NOTICE of Motion Setting regarding: #124 Motion in Limine. Motions referred to Judge Terry A Doughty. Responses due by 8/20/2021 (crt,Jones, P) |
| Filing 126 MOTION for Jason P. Wixom to Enroll as Counsel Co-Counsel of record by Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/29/2021. (Attachments: #1 Proposed order)(aty,Arcuri, Blake) |
| Filing 125 PROPOSED ORDER by Brian Patrick Hargiss re #124 Motion in Limine. (aty,Rountree, James) Modified on 7/30/2021 to edit text (Jones, P). |
| Filing 124 MOTION in Limine by Brian Patrick Hargiss. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 7/29/2021. (Attachments: #1 Memorandum / Brief)(aty,Rountree, James) Modified on 7/30/2021 to capture more accurate event (Jones, P). |
| Filing 123 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 122 Minute Entry, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
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Filing 122
ELECTRONIC MINUTE ENTRY: A settlement conference is set in this matter for September 28, 2021, at 9:30 a.m. by Zoom. All provisions of the undersigned's previously issued settlement conference order [doc. #117] govern this conference except that the parties are not required to provide entirely new Confidential Settlement Conference Statements. Instead, the parties are required to provide an update to their Confidential Settlement Conference Statements by email to kayla_mcclusky@lawd.uscourts.gov no later than September 24, 2021, by noon, updating and supplementing the following information: (1) the key issues involved in the litigation and the sticking points preventing settlement, (2) a brief description of the strongest and the weakest points in your case, (3) the status of any settlement negotiations, including the last settlement proposal made by you and to you, and (4) the bottom-line settlement proposal that you would be willing to make. The parties are reminded that they MUST MAKE A GOOD FAITH EXCHANGE OF OFFERS PRIOR TO THE CONFERENCE. Trial is set in this matter for October 12, 2021, only 14 days after this settlement conference. If the parties believe that the close proximity of the trial date will affect their ability to reach a settlement, they should file a motion to continue the trial date. Signed by Magistrate Judge Kayla D McClusky on 6/21/2021. (jud,McClusky, Kayla)
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Filing 121
ABBREVIATED SCHEDULING ORDER: Jury Trial set for 10/12/2021 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 9/9/2021 at 9:30 AM by phone before Magistrate Judge Kayla D McClusky. Pretrial Order due by 9/6/2021. Discovery & Motions to Compel deadline 7/9/2021. Conference/Meeting of counsel to prepare pretrial order to be held by 8/17/2021. Motions in Limine due by 8/13/2021. Trial Brief/Pretrial Submissions due by 10/1/2021. Signed by Magistrate Judge Kayla D McClusky on 5/21/2021. (crt,Leday, A)
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| Filing 120 MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SETTLEMENT CONFERENCE held on 5/21/2021. Although the parties engaged in good faith efforts, additional information is needed. After discussion and given the approaching June trial date, the undersigned continued trial in this matter to allow the parties to conduct further discovery prior to reconvening the settlement conference. The settlement conference is re-set to July 12, 2021, at 9:30 a.m. via zoom. A link will be emailed to all attendees prior to the conference. If the parties wish to supplement their confidential settlement statements, they should email the supplemental information to mcclusky_motions@lawd.uscourts.gov no later than July 8, 2021. An abbreviated scheduling order will issue separately. Once the scheduling order issues, if the parties need additional deadlines to be re-set, they should file the appropriate motion. (jud,McClusky, Kayla) |
| Set/Reset Hearings: Per 120 Minutes, a Settlement Conference is set for 7/12/2021 at 9:30 AM by video conference before Magistrate Judge Kayla D McClusky. (crt,Leday, A) |
| Filing 119 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #117 Order for Settlement Conference returned marked: No such number, Unable to forward. (crt,Jones, P) |
| Filing 118 MAIL RETURNED re: 114 as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #115 Scheduling Order - Doughty/McClusky,, 114 Scheduling Conference, returned marked: No mail receptacle, unable to forward. (Attachments: #1 Mail Return re: Doc #115 ) (crt,Jones, P) |
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Filing 117
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 5/21/2021 at 9:30 AM by video conference before Magistrate Judge Kayla D McClusky. Signed by Magistrate Judge Kayla D McClusky on 4/27/2021. (crt,Leday, A)
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| Filing 116 MAIL RETURNED as Undeliverable Document #109 : James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #112 Order on Motion to Substitute Attorney, #109 Notice of Deficiency,, #113 Order on Motion to Continue, returned marked: No mail receptacle, unable to forward. (Attachments: #1 Document #112 , #2 Document #113 ) (crt,Jones, P) |
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Filing 115
ABBREVIATED SCHEDULING ORDER: Jury Trial set for 7/12/2021 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 6/10/2021 at 10:00 AM by phone before Magistrate Judge Kayla D McClusky. Pretrial Order due by 6/7/2021. Discovery deadline 6/6/2021. Conference/Meeting of counsel to prepare pretrial order to be held by 5/18/2021. Motions in Limine due by 5/14/2021. Trial Brief/Pretrial Submissions due by 7/2/2021. Signed by Magistrate Judge Kayla D McClusky on 4/22/2021. (crt,Crawford, A)
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| Filing 114 MINUTES for proceedings held before Magistrate Judge Kayla D McClusky: SCHEDULING CONFERENCE held on 4/21/2021. Participating were James Rountree and Val Salomon for Plaintiff and Laura Rodrigue for Defendants. The parties intend to mediate and hope to do so within the next 60 days. Plaintiff's counsel will need to take one more deposition prior to trial. After discussion, trial was set for July 12, 2021, before Judge Doughty, and a telephone pre-trial conference was set for June 10, 2021, at 10:00 a.m. before the undersigned. Pursuant to Plaintiff's counsel's request, the discovery deadline is to be re-set to June 6, 2021, to allow time for the deposition, if necessary. The undersigned explained to counsel that the dispositive motion deadline could not be re-set if they wish to go to trial in July. If the case is not resolved at mediation, and Defendants wish to file a dispositive motion, they were instructed to file a motion to continue on that basis. Plaintiff does not anticipate calling an expert. Ms. Rodrigue will consult with co-counsel, Mr. Arcuri, as to whether Defendants have or will retain an expert. No expert deadlines will be set at this time, but Defendants may file a motion to re-open the expert deadlines if necessary. The Clerk of Court will issue a new abbreviated scheduling order re-setting the trial, pre-trial conference, discovery deadline, and all other deadlines that have not passed. (jud,McClusky, Kayla) |
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Filing 113
ORDER granting #111 Motion to Continue trial and remaining deadlines. It Is Further Ordered that a Telephone Scheduling Conference is set for 4/21/2021 at 10:00 AM before Magistrate Judge Kayla D McClusky. Call-in information will be emailed to all counsel of record. Signed by Judge Terry A Doughty on 4/16/2021. (crt,Crawford, A)
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Filing 112
MEMORANDUM ORDER granting #110 Motion to Substitute Attorney. Added attorney Blake Joseph Arcuri, Laura Cannizzaro Rodrigue for Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, and Darius Williams. Attorney James Bryan Mullaly terminated for all Defendants. Signed by Magistrate Judge Kayla D McClusky on 4/15/2021. (crt,Leday, A)
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| Filing 111 MOTION to Continue Trial and Deadlines with consent by Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/15/2021. (Attachments: #1 Proposed order)(aty,Arcuri, Blake) Modified on 4/16/2021 to edit text (Jones, P). |
| Filing 110 MOTION to Substitute Attorney Blake J. Arcuri and Laura C. Rodrigue in place of James B. Mullaly with consent by Robert Colvin, Jacob Mooney, Caleb R Smith. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/14/2021. (Attachments: #1 Proposed order Order)(aty,Arcuri, Blake) Modified on 4/14/2021 to edit text (Jones, P). |
| Filing 109 NOTICE of Deficiency to Blake Joseph Arcuri on behalf of Robert Colvin, Jacob Mooney, Caleb R Smith regarding #108 MOTION to Continue Trial. Reason: This party is already represented by other counsel. Please refer to provisions under LR83.2.12 regarding appearance of other counsel to ensure compliance with this rule. A motion to enroll as co-counsel or to substitute counsel (signed by the current counsel of record) is required to remedy this situation. Please also refer to LR5.7.08 regarding electronic filing of documents requiring signatures of more than one party. (crt,Jones, P) |
| Filing 108 MOTION to Continue Trial with consent by Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 4/13/2021. (Attachments: #1 Proposed order)(aty,Arcuri, Blake) Modified on 4/13/2021 to edit text and indicate deficiency (Jones, P). Modified on 4/16/2021 to indicate refiled as Document #111 (Jones, P). Modified on 4/16/2021 - #110 Motion granted, removed deficiency on this motion (Leday, A). |
| Filing 107 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #103 Order on Motion to Compel,,, Order on Motion for Attorney Fees, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 106 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: 102 Minute Entry/Order Reassigning Case, returned marked: Return to Sender, No Mail Receptacle, Unable to Forward. (crt,Bunting, M) |
| Filing 105 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #100 Order on Motion for Leave to File returned marked: Return to Sender, No Mail Receptacle, Unable to Forward. (crt,Bunting, M) |
| Filing 104 NOTICE of Payment by Gary Gilley re #103 Order on Motion to Compel, Motion for Attorney Fees (aty,Arcuri, Blake) Modified on 3/4/2021 to edit text (Dauterive, C). |
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Filing 103
MEMORANDUM ORDER granting #91 Motion to Compel as detailed in the body of this decision. Defendant(s) shall supplement his discovery responses, within the next 14 days from the date of this order. IT IS FURTHER ORDERED that Plaintiff's #91 Motion for Attorney Fees is GRANTED, and that within 7 days from the date of this order, Defendant, Sheriff Gilley, and/or his counsel shall remit the single sum of $1,875.00 to Plaintiff Brian Hargiss, via his attorney, and file proof of payment in the record of these proceedings within 7 days thereafter. Signed by Magistrate Judge Kayla D McClusky on 2/24/2021. (crt,Leday, A)
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| Filing 102 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Kayla D McClusky. Magistrate Judge Karen L Hayes no longer assigned to case. Any pending motions and deadlines or hearings previously set before Magistrate Judge Hayes are hereby reset before Magistrate Judge McClusky. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 2/23/2021. (crt,Keifer, K) |
| Filing 101 REPLY to Response to #91 MOTION to Compel Discovery Responses filed by Brian Patrick Hargiss. (crt,Leday, A) |
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Filing 100
ORDER granting #99 Motion for Leave to File Memorandum in Support of #91 Motion to Compel. Signed by Magistrate Judge Karen L Hayes on 1/29/2021. (crt,Leday, A)
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| Filing 99 MOTION for Leave to File Memorandum in Support of Motion to Compel with consent by Brian Patrick Hargiss. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 1/28/2021. (Attachments: #1 Proposed order, #2 Proposed pleading)(aty,Rountree, James) Modified on 1/28/2021 to edit text (Jones, P). |
| Filing 98 MEMORANDUM in Opposition re #91 MOTION to Compel Discovery Responses filed by Gary Gilley. (Attachments: #1 Initial Responses, #2 Amended Responses)(aty,Arcuri, Blake) Modified on 1/27/2021 to edit text (Jones, P). |
| Filing 97 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #94 Notice of Motion Setting returned marked: Not Deliverable as Addressed, Unable to Forward. (crt,Jones, P) |
| Filing 96 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #89 Order on Motion for Extension returned marked: Not Deliverable as Addressed, Unable to Forward. (crt,Jones, P) |
| Filing 95 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #88 Order on Motion to Substitute Attorney returned marked: Not Deliverable as Addressed, Unable to Forward. (crt,Jones, P) |
| Filing 94 NOTICE of Motion Setting regarding: #91 MOTION to Compel Discovery Responses. Motions referred to Magistrate Judge Karen L Hayes. Responses due by 1/27/2021. (crt,Leday, A) |
| Filing 93 PROPOSED ORDER by Brian Patrick Hargiss re #91 Motion to Compel. (aty,Rountree, James) Modified on 1/5/2021 to edit text (Jones, P). |
| Filing 92 MEMORANDUM in Support re #91 MOTION to Compel Discovery Responses filed by Brian Patrick Hargiss. (Attachments: #1 Exhibit)(aty,Rountree, James) |
| Filing 91 MOTION to Compel Discovery Responses MOTION for Attorney Fees by Brian Patrick Hargiss. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 1/5/2021. (Attachments: #1 Exhibit)(aty,Rountree, James) Modified on 1/5/2021 to add document relation SEE #92 Brief and #93 Proposed Order (Jones, P). Added MOTION for Attorney Fees on 2/24/2021 (Jones, P). |
| Filing 90 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #85 Notice of Deficiency, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
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Filing 89
ORDER granting #87 Motion for Extension. Compel discovery deadline extended until 1/5/2021. Signed by Magistrate Judge Karen L Hayes on 12/21/2020. (crt,Leday, A)
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Filing 88
ORDER granting #86 Motion to Substitute Attorney. Added attorney Blake Joseph Arcuri as co-counsel for Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams. Signed by Magistrate Judge Karen L Hayes on 12/21/2020. (crt,Leday, A)
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| Filing 87 MOTION for Extension of To Answer Discovery with consent by Brian Patrick Hargiss. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 12/18/2020. (Attachments: #1 Proposed order)(aty,Rountree, James) |
| Filing 86 MOTION to Substitute Attorney Blake J. Arcuri for James Bryan Mullaly by Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 12/18/2020. (Attachments: #1 Proposed order)(aty,Mullaly, James) Modified on 12/18/2020 to edit text and capture more accurate event (Jones, P). |
| Filing 85 NOTICE of Deficiency to James Bryan Mullaly on behalf of Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams regarding #84 MOTION to Substitute Attorney. Reason: The document was on behalf of an attorney not admitted to practice before this court. If eligible, and your admission cannot be accomplished within ten days, you may provide a new signature page signed by a member of the bar of this court. See Fed.R.Civ.P.11 and LR11.1. (crt,Jones, P) |
| Filing 84 DEFICIENT MOTION to Substitute Blake J. Arcuri and Laura C. Rodrigue in place of James Bryan Mullaly as Attorney of Record by Gary Gilley, Leighton Linder, John Sepulvado, Darius Williams. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 12/8/2020. (Attachments: #1 Proposed order)(aty,Mullaly, James) Modified on 12/8/2020 to edit text and capture more accurate event and indicate deficiency (Jones, P). Modified on 12/21/2020 to indicate refiled in its entirety as Document #86 (Jones, P). |
| Filing 83 MAIL RETURNED as Undeliverable: Mail sent to James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #81 Order on Motion to Continue returned marked: No mail receptacle, unable to forward.. (crt,Reeves, T) |
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Filing 82
SCHEDULING ORDER: Jury Trial set for 6/7/2021 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 5/6/2021 at 1:00 PM in chambers before Magistrate Judge Karen L Hayes. Pretrial Order due by 5/3/2021. Plaintiffs Expert Info/Reports due by 12/7/2020. Defendants Expert Info/Reports due by 12/22/2020. Discovery deadline 12/22/2020. Expert Depositions due by 1/21/2021. Dispositive Motions due by 2/5/2021. Conference/Meeting of counsel to prepare pretrial order to be held by 4/13/2021. Motions in Limine due by 4/9/2021. Trial Brief/Pretrial Submissions due by 5/28/2021. Signed by Magistrate Judge Karen L Hayes on 8/11/2020. (crt,Crawford, A)
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Filing 81
ORDER granting #80 Motion to Continue. The #66 Scheduling Order is Vacated and the Clerk is instructed to issue a new scheduling order in due course. Signed by Judge Terry A Doughty on 8/11/2020. (crt,Crawford, A)
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| Motions Transferred regarding #80 MOTION to Continue Trial. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 80 MOTION to Continue Trial with consent by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 8/10/2020. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 8/11/2020 to add filers and edit text (Jones, P). |
| Filing 79 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #77 Scheduling Order - Doughty/Hayes, returned marked: No mail receptacle, unable to forward. (crt,Jones, P) |
| Filing 78 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #76 Order on Motion to Continue returned marked: Not Deliverable as Addressed, Unable to Forward. (crt,Jones, P) |
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Filing 77
SCHEDULING ORDER: Jury Trial set for 2/8/2021 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 1/7/2021 at 10:00 AM in chambers before Magistrate Judge Karen L Hayes. Pretrial Order due by 1/4/2021. Joinder of Parties and Amendment of Pleadings due by 6/26/2020. Plaintiffs Witness List due by 7/24/2020. Defendants Witness List due by 8/5/2020. Plaintiffs Expert Info/Reports due by 8/10/2020. Defendants Expert Info/Reports due by 8/25/2020. Discovery deadline 8/25/2020. Expert Depositions due by 9/24/2020. Dispositive Motions due by 10/9/2020. Conference/Meeting of counsel to prepare pretrial order to be held by 12/15/2020. Motions in Limine due by 12/11/2020. Trial Brief/Pretrial Submissions due by 1/29/2021. Signed by Magistrate Judge Karen L Hayes on 6/15/2020. (crt,Crawford, A)
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Filing 76
ORDER granting #75 Motion to Continue Trial. The #72 Scheduling Order is VACATED and the Clerk of Court is instructed to issue a new scheduling order in due course. Signed by Judge Terry A Doughty on 6/12/2020. (crt,Miletello, A)
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| Motions Transferred regarding #75 MOTION to Continue Trial. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 75 MOTION to Continue Trial by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius William. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 6/11/2020. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 6/12/2020 to add filers (Jones, P). |
| Filing 74 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #71 Order on Motion to Continue, returned marked: Not deliverable as addressed, unable to forward. (crt,Jones, P) |
| Filing 73 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Pioneer, LA 71263, re: #72 Scheduling Order - Doughty/Hayes, returned marked: Not deliverable as addressed, unable to forward. (crt,Jones, P) |
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Filing 72
*VACATED* SCHEDULING ORDER: Jury Trial set for 10/13/2020 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 9/9/2020 at 1:00 PM in chambers before Magistrate Judge Karen L Hayes. Pretrial Order due by 9/7/2020. Joinder of Parties and Amendment of Pleadings due by 2/27/2020. Plaintiffs Witness List due by 3/27/2020. Defendants Witness List due by 4/7/2020. Plaintiffs Expert Info/Reports due by 4/10/2020. Defendants Expert Info/Reports due by 4/27/2020. Discovery deadline 4/27/2020. Expert Depositions due by 5/27/2020. Dispositive Motions due by 6/11/2020. Conference/Meeting of counsel to prepare pretrial order to be held by 8/18/2020. Motions in Limine due by 8/14/2020. Trial Brief/Pretrial Submissions due by 10/5/2020. Signed by Magistrate Judge Karen L Hayes on 1/13/2020. (crt,Crawford, A) Modified on 6/12/2020 to reflect as vacated per #76 Order (Miletello, A).
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Filing 71
ORDER granting #70 Motion to Continue Trial and Scheduling Order Deadlines. The #14 Scheduling Order is Vacated and the Clerk of Court is instructed to issue a new scheduling order in due course. The motion is denied to the extent that parties request a scheduling conference. Signed by Judge Terry A Doughty on 1/10/2020. (crt,Crawford, A)
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| Filing 70 JOINT MOTION to Continue Trial by Robert Colvin, Gary Gilley, Leighton Linder, Jacob Mooney, John Sepulvado, Caleb R Smith, Darius Williams, Brian Patrick Hargiss. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Mullaly, James) Modified on 1/9/2020 to add filers (Jones, P). |
| Motions Transferred regarding #70 JOINT MOTION to Continue Trial. Motions referred to Judge Terry A Doughty. (crt,Jones, P) |
| Filing 69 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Oak Grove, LA 71263, re: #65 Clerk's Entry of Default returned marked: Vacant, Unable to Forward. (crt,Jones, P) |
| Filing 68 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Oak Grove, LA 71263, re: #63 Order on Motion to Amend/Correct, returned marked: Vacant, Unable to Forward. (crt,Jones, P) |
| Filing 67 ANSWER and Invocation of Defense of Qualified Immunity, Affirmative Defenses, and to #45 Amended Complaint, with Jury Demand by Darius Williams.(Attorney James Bryan Mullaly added to party Darius Williams(pty:dft))(aty,Mullaly, James) Modified on 10/23/2019 (Bunting, M). |
| Filing 66 ANSWER to #45 Amended Complaint, with Jury Demand by Gary Gilley, Leighton Linder, John Sepulvado.(Attorney James Bryan Mullaly added to party Leighton Linder and John Sepulvado(pty:dft))(aty,Mullaly, James) Modified on 10/10/2019 to edit text (Jones, P). |
| Filing 65 CLERK'S ENTRY OF DEFAULT as to James Travis Simmons (crt,Jones, P) |
| Filing 64 MOTION/REQUEST for Entry of Default as to James Travis Simmons by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (Attachments: #1 Exhibit, #2 Proposed order)(aty,Rountree, James) |
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Filing 63
ORDER granting #62 Motion to Amend/Correct service address. The clerk's entry of default is hereby vacated and the service address for Travis Simmons is amended. Signed by Magistrate Judge Karen L Hayes on 10/7/2019. (crt,Leday, A) Modified on 10/8/2019 to correct text (Leday, A).
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| Filing 62 MOTION to Amend/Correct #61 Mail Returned with consent Motion to Reserve Default Judgment to Defendant James Travis Simmons by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Rountree, James) |
| Filing 61 MAIL RETURNED as Undeliverable: James Travis Simmons, 5321 Hwy 585, Oak Grove, LA 71263, re: #60 Clerk's Entry of Default returned marked: no mail receptacle, unable to forward. (crt,JonesSld, P) |
| Filing 60 ***VACATED*** CLERK'S ENTRY OF DEFAULT as to James Travis Simmons (crt,JonesSld, P) Modified on 10/7/2019 to vacate default, per #63 Order (Leday, A). |
| Filing 59 CORRECTIVE DOCUMENT entitled ex parte motion for default with address added filed by Brian Patrick Hargiss regarding #58 Notice of Deficiency, . (aty,Rountree, James) |
| Filing 58 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #57 MOTION/REQUEST for Entry of Default. Reason: Local Rule 55 requires the clerk to notice entry of default by regular mail to the party against whom default is entered. An address has not been provided. Please provide an address for the party in default. (crt,JonesSld, P) |
| Filing 57 MOTION/REQUEST for Entry of Default as to James Travis Simmons by Brian Patrick Hargiss. (Attachments: #1 Exhibit)(aty,Rountree, James) Modified on 9/6/2019 to indicate deficiency (JonesSld, P). Modified on 9/6/2019 to remove deficiency SEE #59 Corrective Document (JonesSld, P). |
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Filing 56
MEMORANDUM ORDER denying #47 Motion for Reconsideration. Signed by Magistrate Judge Karen L Hayes on 8/19/2019. (crt,Leday, A)
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| Filing 55 SUMMONS RETURNED EXECUTED filed by Brian Patrick Hargiss as to John Sepulvado served on 7/24/2019, answer due 8/14/2019. (aty,Rountree, James) Modified on 8/9/2019 to indicate more accurate event (JonesSld, P). |
| Filing 54 SUMMONS RETURNED EXECUTED filed by Brian Patrick Hargiss as to Darius Williams served on 8/7/2019, answer due 8/28/2019. (aty,Rountree, James) Modified on 8/9/2019 to indicate more accurate event (JonesSld, P). |
| Filing 53 SUMMONS RETURNED EXECUTED filed by Brian Patrick Hargiss as to Leighton Linder served on 7/25/2019, answer due 8/15/2019. (aty,Rountree, James) Modified on 8/9/2019 to indicate more accurate event (JonesSld, P). |
| Filing 52 SUMMONS RETURNED EXECUTED filed by Brian Patrick Hargiss as to James Travis Simmons served on 8/7/2019, answer due 8/28/2019. (aty,Rountree, James) Modified on 8/9/2019 to indicate more accurate event (JonesSld, P). |
| Filing 51 MEMORANDUM in Opposition re #47 MOTION for Reconsideration re #44 Order filed by Robert Colvin, Gary Gilley, Jacob Mooney, Caleb R Smith. (aty,Mullaly, James) |
| Filing 50 NOTICE of Motion Setting regarding: #47 MOTION for Reconsideration re #44 Order. Motions referred to Magistrate Judge Karen L Hayes. Responses due by 8/9/2019 (crt,JonesSld, P) |
| Filing 49 MEMORANDUM in Support re #47 MOTION for Reconsideration re #44 Order filed by Brian Patrick Hargiss. (Attachments: #1 Exhibit)(aty,Rountree, James) Modified on 7/19/2019 to edit text (JonesSld, P). |
| Filing 48 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #47 MOTION for Reconsideration re 40 Response (NOT Motions), 40 Reply to Response to Motion, . Reason: This motion requires a memorandum in support. Please see LR7.4 for more specific information. (crt,JonesSld, P) |
| Filing 47 MOTION for Reconsideration re #44 Order by Brian Patrick Hargiss. Motions referred to Karen L Hayes. SEE #49 Memorandum/Brief. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 7/19/2019 to correct document relation and indicate deficiency (JonesSld, P). Modified on 7/19/2019 to remove deficiency and add document relation (JonesSld, P). |
| Filing 46 SUMMONS ISSUED as to Leighton Linder, John Sepulvado, James Travis Simmons, Darius Williams (crt,MiletelloSld, A) |
| Filing 45 AMENDED COMPLAINT against Gary Gilley John Sepulvado, Robert Colvin, Darious Williams, Leighton Linder, James Travis Simmons, with Jury Demand filed by Brian Patrick Hargiss.(aty,Rountree, James) Modified on 7/19/2019 to edit text (JonesSld, P). |
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Filing 44
ORDER granting #22 Motion to Compel and #36 Supplemental Motion to Compel, as detailed in the body of this decision. Defendant(s) shall supplement his discovery responses, in accordance herewith, within the next 14 days from the date of this order. IT IS FURTHER ORDERED that #22 and #36 Motions for Attorney Fees, expenses, costs are DENIED. IT IS FURTHER ORDERED that Plaintiff's #32 Motion to Amend Complaint is GRANTED. Signed by Magistrate Judge Karen L Hayes on 7/18/2019. (crt,Leday, A)
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| Filing 43 SUPPLEMENTAL MEMORANDUM in Support re #36 MOTION to Compel Supplement to Document filed by Brian Patrick Hargiss. (Attachments: #1 Exhibit)(aty,Rountree, James) |
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Filing 42
ORDER: Within the next 7 days from the date of this order, plaintiff is granted leave of court to further supplement #36 Supplemental Motion to Compel with the missing exhibits that sparked the supplement in the first instance. Signed by Magistrate Judge Karen L Hayes on 7/3/2019. (crt,Miletello, A)
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| Filing 41 ADMINISTRATIVE ENTRY: RESPONSE to Motion re #32 MOTION to Amend Complaint filed by Brian Patrick Hargiss. PDF of this document entered as response (other); administrative entry necessary to create links for internal motion report. (crt,Dunford, T) |
| Filing 40 ADMINISTRATIVE ENTRY: REPLY to Response to Motion re #22 MOTION to Compel MOTION for Attorney Fees filed by Brian Patrick Hargiss. PDF of this document entered as response (other); administrative entry necessary to create links for internal motion report. (crt,Dunford, T) |
| Filing 39 MEMORANDUM in Opposition re #22 MOTION to Compel MOTION for Attorney Fees filed by Robert Colvin, Gary Gilley, Jacob Mooney, Caleb R Smith. (Attachments: #1 Exhibit)(aty,Mullaly, James) |
| Filing 38 MEMORANDUM in Opposition re #32 MOTION to Amend Complaint filed by Robert Colvin, Gary Gilley, Jacob Mooney, Caleb R Smith. (aty,Mullaly, James) |
| Filing 37 NOTICE of Motion Setting regarding: #36 MOTION to Compel. Motions referred to Magistrate Judge Karen L Hayes. (crt,Miletello, A) |
| Filing 36 SUPPLEMENTAL MOTION to Compel by Brian Patrick Hargiss. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: #1 Proposed order)(crt,JonesSld, P) |
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Filing 35
ORDER granting #29 Motion for Leave to File Supplemental Motion to Compel. Signed by Magistrate Judge Karen L Hayes on 5/17/2019. (crt,JonesSld, P)
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| Filing 34 NOTICE of Motion Setting regarding: #32 MOTION to Amend Complaint. Motions referred to Magistrate Judge Karen L Hayes. (crt,Leday, A) |
| Filing 33 PROPOSED AMENDED COMPLAINT re: #32 MOTION to Amend filed by Brian Patrick Hargiss. (Attachments: #1 Proposed pleading)(aty,Rountree, James) Modified on 5/16/2019 to add document relation and edit text (JonesSld, P). |
| Filing 32 MOTION to Amend Complaint, with consent sought but not obtained, SEE #33 Proposed pleading by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Rountree, James) Modified on 5/16/2019 to capture more accurate event, add document relation and edit text (JonesSld, P). |
| Filing 31 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #30 MOTION for Leave to File Amend Complaint with opposition . Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. The motion cannot be referred to chambers until this deficiency is corrected. A motion for leave to file must be accompanied by the proposed pleading. The court will not act on such a motion without reviewing the document sought to be filed. Please refer to LR 7.6 for more information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,JonesSld, P) |
| Filing 30 DEFICIENT MOTION to Amend Complaint with opposition , proposed order within main document, by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 5/16/2019 to capture more accurate event and indicate deficiency (JonesSld, P). Modified on 5/16/2019 to indicate refiled in its entirety as Document #32 (JonesSld, P). |
| Filing 29 MOTION for Leave to File Supplement Motion to Compel with opposition, proposed order within main document, SEE #26 Proposed Pleading by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 5/16/2019 to add document relation, indicate proposed order within main document and edit text (JonesSld, P). |
| Filing 28 NOTICE of Motion Setting regarding: #22 MOTION to Compel, MOTION for Attorney Fees. Motions referred to Magistrate Judge Karen L Hayes. (crt,Leday, A) |
| Filing 27 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #26 MOTION to Compel Supplemental. Reason: Leave of court is required for the filing of this supplemental pleading. Please refer to Fed.R.Civ.P. 15(d) regarding supplemental pleadings for additional information. (crt,JonesSld, P) |
| Filing 26 PROPOSED MOTION to Compel Supplemental by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 5/10/2019 to indicate deficiency (JonesSld, P). Modified on 5/16/2019 to remove deficiency and indicate proposed SEE #29 Motion for Leave (JonesSld, P). |
| Filing 25 MEMORANDUM in Support of #22 MOTION to Compel by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 5/10/2019 to edit text (JonesSld, P). |
| Filing 24 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #22 MOTION to Compel MOTION for Attorney Fees. Reason: This motion requires a memorandum in support. Please see LR7.4 for more specific information. (crt,JonesSld, P) |
| Filing 23 PROPOSED ORDER/JUDGMENT by Brian Patrick Hargiss re #22 Motion to Compel, Motion for Attorney Fees. (aty,Rountree, James) |
| Filing 22 MOTION to Compel, MOTION for Attorney Fees by Brian Patrick Hargiss. Motions referred to Karen L Hayes. SEE #25 MEMORANDUM in Support (aty,Rountree, James). Added MOTION for Attorney Fees on 5/8/2019 (JonesSld, P). Modified on 5/9/2019 to indicate SEE #23 Proposed Order and mark deficient (JonesSld, P). Modified on 5/10/2019 to remove deficiency, add document relation (JonesSld, P). |
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Filing 21
ORDER granting #20 Motion for Extension of Time to Effect Service. Deadline to effect service is hereby extended for 60 days from the date of this order. Signed by Magistrate Judge Karen L Hayes on 4/3/2019. (crt,Miletello, A)
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| Filing 20 MOTION FOR EXTENSION of Time to Effect Service, Proposed Order within main document, with consent by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 4/2/2019 to edit text (FinnSld, P). |
| Filing 19 NOTICE of Deficiency to James A Rountree on behalf of Brian Patrick Hargiss regarding #18 MOTION FOR EXTENSION of Effect Service with consent . Reason: You do not indicate whether opposing counsel consent to the granting of this ex parte motion. Please refer to LR7.4.1, 7.6, or 7.9 for specific instructions regarding statements of consent. The motion cannot be referred to chambers until this deficiency is corrected. (crt,FinnSld, P) |
| Filing 18 DEFICIENT MOTION FOR EXTENSION of Effect Service by Brian Patrick Hargiss. Motions referred to Karen L Hayes. (aty,Rountree, James) Modified on 4/2/2019 to indicate deficient (FinnSld, P). Modified on 4/2/2019 to indicate refiled in its entirety as Document #20 (FinnSld, P). |
| Filing 17 NOTICE of Intent to dismiss Unidentified Parties for Failure to effect service within 90 days. (crt,Crawford, A) |
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Filing 16
ORDER granting #15 Motion to Dismiss. Plaintiff's claims against LaSalle Corrections L L C are hereby Dismissed Without Prejudice. Signed by Judge Terry A Doughty on 3/1/2019. (crt,Crawford, A)
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| Filing 15 MOTION to Dismiss LaSalle Correction, LLC by Brian Patrick Hargiss. (Attachments: #1 Proposed order)(aty,Rountree, James) |
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Filing 14
SCHEDULING ORDER: Jury Trial set for 3/9/2020 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 2/5/2020 at 1:30 PM in chambers before Magistrate Judge Karen L Hayes. Pretrial Order due by 2/3/2020. Joinder of Parties and Amendment of Pleadings due by 7/25/2019. Plaintiffs Witness List due by 8/23/2019. Defendants Witness List due by 9/3/2019. Plaintiffs Expert Info/Reports due by 9/6/2019. Defendants Expert Info/Reports due by 9/23/2019. Discovery deadline 9/23/2019. Expert Depositions due by 10/23/2019. Dispositive Motions due by 11/7/2019. Conference/Meeting of counsel to prepare pretrial order to be held by 1/14/2020. Motions in Limine due by 1/10/2020. Trial Brief/Pretrial Submissions due by 2/28/2020. Signed by Magistrate Judge Karen L Hayes on 2/5/2019. (crt,Crawford, A)
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| Filing 13 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Karen L Hayes on 2/4/2019. (jud,Hayes, Karen) |
| Filing 12 RULE 26(f) Report by Brian Patrick Hargiss, Robert Colvin, Gary Gilley, LaSalle Corrections L L C, Jacob Mooney, Caleb R Smith. (aty,Rountree, James) Modified on 2/4/2019 to add filers (FinnSld, P). |
| Filing 11 ANSWER to #1 Complaint, with Jury Demand by Robert Colvin, Jacob Mooney, Caleb R Smith.(Attorney James Bryan Mullaly added to party Robert Colvin, Jacob Mooney, Caleb R Smith(pty:dft))(aty,Mullaly, James) Modified on 1/17/2019 to edit text (FinnSld, P). |
| Filing 10 MOTION/REQUEST for Entry of Default as to Caleb Smith, Robert Colvin, and Jacob Mooney by Brian Patrick Hargiss. (aty,Rountree, James) Modified on 1/17/2019 to indicate See #11 Answer filed, Motion Administratively termed (FinnSld, P). Modified on 9/6/2019 to capture more accurate event (JonesSld, P). |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by LaSalle Corrections L L C. (aty,Sumrall, Leah) |
| Filing 8 ANSWER to #1 Complaint, by LaSalle Corrections L L C.(Attorney Leah DeCelle Sumrall added to party LaSalle Corrections L L C(pty:dft))(aty,Sumrall, Leah) |
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Filing 7
CIVIL CASE MANAGEMENT ORDER for cases assigned to Judge Terry A Doughty sent to counsel of record. Rule 26 Conference between parties to take place before 2/28/2019. Signed by Judge Terry A Doughty on 1/3/2019. (crt,Crawford, A)
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| Filing 6 ANSWER to #1 Complaint, with Jury Demand by Gary Gilley.(Attorney James Bryan Mullaly added to party Gary Gilley(pty:dft))(aty,Mullaly, James) Modified on 12/21/2018 to edit text (FinnSld, P). |
| Filing 5 FILED IN ERROR - AMENDED COMPLAINT against All Defendants with Jury Demand filed by Brian Patrick Hargiss.(aty,Rountree, James) Modified on 11/27/2018 to indicate filed in error, duplicate of Document #3 (FinnSld, P). |
| Filing 4 SUMMONS ISSUED as to Robert Colvin (crt,FinnSld, P) |
| Filing 3 AMENDED COMPLAINT against All Defendants with Jury Demand filed by Brian Patrick Hargiss.(aty,Rountree, James) |
| Filing 2 SUMMONS ISSUED as to Roger Colvin, Gary Gilley, LaSalle Corrections L L C, Jacob Mooney, Caleb R Smith (crt,FinnSld, P) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Karen L Hayes. (crt,FinnSld, P) |
| Filing 1 COMPLAINT against LaSalle Corrections, Roger Colvin, Gary Gilley, Jacob Mooney, Caleb R Smith, Unidentified Parties with Jury Demand (Filing fee $400, receipt number 0536-3801966) filed by Brian Patrick Hargiss. (Attachments: #1 Civil cover sheet)(Attorney James A Rountree added to party Brian Patrick Hargiss(pty:pla))(aty,Rountree, James) Modified on 11/9/2018 to edit text (FinnSld, P). |
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