Frazier v. City of Kaplan et al
Plaintiff: Desmond Demario FRAZIER
Defendant: Carey James BURTON, City of Kaplan and Payton Lee HARDY
Case Number: 6:2019cv00082
Filed: January 23, 2019
Court: US District Court for the Western District of Louisiana
Presiding Judge: Terry A Doughty
Referring Judge: Patrick J Hanna
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2019 Filing 23 NOTICE of Motion Setting with oral argument regarding: #22 MOTION to Dismiss Penalty, Punitive, or Exemplary Damages Regarding Plaintiff's First Amended Complaint. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 5/30/2019 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Bunting, M)
March 22, 2019 Filing 22 MOTION to Dismiss Penalty, Punitive, or Exemplary Damages Regarding Plaintiff's First Amended Complaint by Carey James Burton, Payton Lee Hardy, City of Kaplan. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit)(aty,Rabalais, Joy)
March 22, 2019 Filing 21 MOTION for Leave to File Excess Pages by Carey James Burton, Payton Lee Hardy, City of Kaplan. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed order, #2 Proposed Motion, #3 Proposed Memorandum, #4 Proposed Order, #5 Proposed Exhibits)(aty,Rabalais, Joy)
March 12, 2019 Opinion or Order Filing 20 ELECTRONIC ORDER. In light of the previously-issued order [Doc. #14], the notice of motion setting [Doc. #19] is hereby revised to note that oral argument is cancelled. The motion [Doc. #18] will be decided on the briefs. Signed by Magistrate Judge Patrick J Hanna on 3/12/2019. (crt,Gardner, C)
March 11, 2019 Filing 19 NOTICE of Motion Setting with oral argument regarding: #18 MOTION to Dismiss for Failure to State a Claim. Motion day set for 4/18/2019 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Williams, L)
March 8, 2019 Filing 18 MOTION to Dismiss for Failure to State a Claim by Carey James Burton, Payton Lee Hardy, City of Kaplan. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit A)(crt,Williams, L)
March 8, 2019 Opinion or Order Filing 17 ORDER granting #9 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Patrick J Hanna on 3/8/2019. (crt,Williams, L)
March 8, 2019 Filing 16 FIRST AMENDED COMPLAINT against Carey James Burton, Payton Lee Hardy, City of Kaplan with Jury Demand filed by Desmond Demario Frazier. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(crt,Williams, L)
March 8, 2019 Opinion or Order Filing 15 ORDER granting #10 First MOTION to Amend/Correct with consent. Signed by Magistrate Judge Patrick J Hanna on 3/8/2019. (crt,Williams, L)
March 8, 2019 Opinion or Order Filing 14 ELECTRONIC ORDER denying #13 Motion to Continue. IT IS FURTHER ORDERED that oral argument is cancelled and the motion will be decided on the briefs. Signed by Magistrate Judge Patrick J Hanna on 3/8/2019. (jud,Hanna, Patrick)
March 7, 2019 Filing 13 MOTION to Continue Oral Argument re Motions to Dismiss by Desmond Demario Frazier. (Attachments: #1 Proposed Order Granting Continuance)(aty,Grayson, Brett) Modified on 3/7/2019 to edit text and create motion event (Dauterive, C).
March 7, 2019 Motions Transferred regarding #13 MOTION to Continue Oral Argument re Motions to Dismiss. Motions referred to Magistrate Judge Patrick J Hanna. (crt,Dauterive, C)
March 6, 2019 NOTICE of Corrective Action to Brett L Grayson on behalf of Desmond Demario Frazier regarding #12 First MOTION to Continue Oral Argument Motions to Dismiss with consent. Action taken: Modified docket entry to reflect "Filed in Error"; corrected and refiled as document #13 . (crt,Dauterive, C)
March 6, 2019 Filing 12 (FILED IN ERROR) First MOTION to Continue Oral Argument Motions to Dismiss with consent by Desmond Demario Frazier. Motions referred to Patrick J Hanna. (aty,Grayson, Brett) Modified on 3/7/2019 to reflect "Filed in Error"; corrected and refiled as document #13 (Dauterive, C).
March 6, 2019 Filing 11 CORRECTIVE DOCUMENT entitled Corrected Motion for Leave to File First Amended Complaint filed by Desmond Demario Frazier regarding #10 First MOTION to Amend/Correct with consent sought but not yet obtained [Obtained Consent]. (aty,Grayson, Brett)
March 6, 2019 Filing 10 First MOTION to Amend/Correct with consent by Desmond Demario Frazier. Motions referred to Patrick J Hanna. (Attachments: #1 Proposed Order, #2 Proposed 1st Amended Complaint, #3 Proposed Exhibit A, #4 Proposed Exhibit B, #5 Proposed Exhibit C, #6 Proposed Exhibit D, #7 Proposed Exhibit E, #8 Proposed Exhibit F)(aty,Grayson, Brett) Modified on 3/6/2019 to edit text (Dauterive, C). Modified on 3/7/2019 to indicate "with consent"; see #11 Corrective Document (Dauterive, C).
March 6, 2019 Motions Transferred regarding #9 MOTION for Leave to File Excess Pages. Motions referred to Magistrate Judge Patrick J Hanna. (crt,Crawford, A)
March 4, 2019 Filing 9 MOTION for Leave to File Excess Pages by Carey James Burton, Payton Lee Hardy, City of Kaplan regarding #5 MOTION to Dismiss For Failure to State a Claim . (Attachments: #1 Proposed order)(aty,Rabalais, Joy) Modified on 3/4/2019 to capture Motion event (FinnSld, P).
March 4, 2019 Filing 8 NOTICE of Motion Setting with oral argument regarding: #6 MOTION to Dismiss For Failure to State a Claim Exemplary or Punitive Damages. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 4/18/2019 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,FinnSld, P)
March 4, 2019 Filing 7 NOTICE of Deficiency to Joy C Rabalais on behalf of Carey James Burton, Payton Lee Hardy, City of Kaplan regarding #5 MOTION to Dismiss For Failure to State a Claim. Reason: This brief exceeds 25 pages. Please see LR7.8 for specific information regarding length of briefs. (crt,FinnSld, P)
March 1, 2019 Filing 6 MOTION to Dismiss For Failure to State a Claim Exemplary or Punitive Damages by Carey James Burton, Payton Lee Hardy, City of Kaplan. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Rabalais, Joy) Modified on 3/4/2019 to edit text (FinnSld, P).
March 1, 2019 Filing 5 PROPOSED MOTION to Dismiss For Failure to State a Claim by Carey James Burton, Payton Lee Hardy, City of Kaplan. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief, #2 Proposed order, #3 Exhibit A - Kaplan Incident report)(Attorney Joy C Rabalais added to party Carey James Burton, Payton Lee Hardy, City of Kaplan(pty:dft))(aty,Rabalais, Joy) Modified on 3/4/2019 to indicate edit deficiency and text and to indicate proposed pleading See #9 MOTION (FinnSld, P). Modified on 3/11/2019 to terminate motion(Williams, L).
January 29, 2019 Filing 4 SUMMONS Returned Executed by Desmond Demario Frazier. Carey James Burton, Payton Lee Hardy and City of Kaplan served on 1/28/2019. Answer due 2/19/2019. (aty,Grayson, Brett) Modified on 1/29/2019 to edit text (Dauterive, C).
January 24, 2019 Filing 3 SUMMONS ISSUED as to Carey James Burton, Payton Lee Hardy, City of Kaplan (crt,FinnSld, P)
January 24, 2019 Filing 2 CIVIL COVER SHEET by Desmond Demario Frazier. (aty,Grayson, Brett)
January 23, 2019 CASE Assigned to Judge Terry A Doughty and Magistrate Judge Patrick J Hanna. (crt,FinnSld, P)
January 23, 2019 Filing 1 COMPLAINT against Carey James Burton, Payton Lee Hardy, City of Kaplan with Jury Demand (Filing fee $400, receipt number 0536-3857467) filed by Desmond Demario Frazier. (Attachments: #1 Exhibit A BOI Frazier, #2 Exhibit B BOI Mitchell, #3 Exhibit C Minutes of 26JAN2017, #4 Exhibit D Minutes 11JUN2018, #5 Exhibit E Minutes 16JUL2018)(Attorney Brett L Grayson added to party Desmond Demario Frazier(pty:selreq))(aty,Grayson, Brett) Modified on 1/23/2019 to edit text (Dauterive, C). Modified on 1/24/2019 to edit text and indicate SEE #2 Civil Cover Sheet (FinnSld, P).

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Defendant: Carey James BURTON
Represented By: Joy C Rabalais
Represented By: Homer Edward Barousse, III
Represented By: Kyle Nicholas Choate
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Defendant: City of Kaplan
Represented By: Joy C Rabalais
Represented By: Homer Edward Barousse, III
Represented By: Kyle Nicholas Choate
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Defendant: Payton Lee HARDY
Represented By: Joy C Rabalais
Represented By: Homer Edward Barousse, III
Represented By: Kyle Nicholas Choate
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Plaintiff: Desmond Demario FRAZIER
Represented By: Brett L Grayson
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