Taylor v. City of Baton Rouge

U.S. District Court
Middle District of Louisiana (Baton Rouge)
CIVIL DOCKET FOR CASE #: 3:13-cv-00579-BAJ-RLB

Taylor v. The City of Baton Rouge et al
Assigned to: Chief Judge Brian A. Jackson
Referred to: Magistrate Judge Richard L. Bourgeois, Jr
Cause: 28:1983 Civil Rights

Date Filed: 09/03/2013
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Summary/Issues: 2A: Challenge to local ordinance banning possession of firearms on property where alcohol served/sold.

Filing DateFiling PartyDocument Description
12/14/2015CourtOrder Granting Motion to Withdraw Plaintiff’s Motion to Amend Complaint
10/30/2015PlaintiffProposed Order re Motion to Withdraw Plaintiff’s Motion to Amend Complaint
10/30/2015PlaintiffMemorandum In Support of Plaintiff’s Motion to Withdraw Plaintiff’s Motion to Amend Complaint
10/30/2015PlaintiffMotion to Withdraw Plaintiff’s Motion to Amend Complaint
10/23/2015CourtOrder Granting Motion to Substitute Counsel for Plaintiff
10/23/2015CourtMOTION(S) REFERRED: #22 MOTION to Substitute Terrence J. Donahue, Jr. in place of Christopher D. Glisson, Elliott C. Cassidy, and Karl J. Koch as Attorney . This motion is now pending before the USMJ.
10/22/2015PlaintiffMotion to Substitute Counsel for Plaintiff
10/22/2015CourtNotice to Counsel: Scheduling Conference set for 10/29/2015 at 10:15 AM is RESET for 12/14/2015 at 01:30 PM in chambers before Magistrate Judge Richard L. Bourgeois Jr. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)
10/22/2015PlaintiffStatus Report
10/6/2015CourtOrder Resetting Scheduling Conference for 10.29.2015
9/30/2015DefendantMemorandum In Support of Defendants’ Opposition to Plaintiff’s Motion to Submit Information Regarding Damages
9/30/2015DefendantDefendants’ Opposition to Plaintiff’s Motion Relative to Damages
9/21/2015PlaintiffSworn Declaration of Plaintiff Ernest Taylor
9/21/2015PlaintiffMemorandum In Support of Plaintiff’s Motion to Submit Information Regarding Damages
9/21/2015PlaintiffPlaintiff’s Motion to Submit Information Regarding Damages
9/21/2015PlaintiffDeclaration of Terrence J. Donahue, Jr.
9/15/2015CourtOrder Requesting Plaintiff to Submit Any Information Necessary to Allow Court To Make Good The Wrong Done
9/1/2015CourtOrder
4/23/2015Court(#98) Minute Entry for proceedings held before Chief Judge Brian A. Jackson: Status Conference held on 4/23/2015. The Court GRANTS Plaintiff’s Motion to Substitute Counsel of Record (Doc. 97). Defendants orally WITHDRAW their Rule 55(c) Motion to Set Aside Default (Doc. 77). All parties agree to permit all remaining claims in Case No. 13-cv-579-BAJ-RLB that do not arise under the Second Amendment to the U.S. Constitution will proceed as pled in the related case of 15-cv-153-BAJ-RLB. Accordingly, the only issue remaining in the instant suit is the issue of damages on the Second Amendment Claims. A schedule for discovery shall be set in accordance with Case No. 15-cv-153-BAJ-RLB. The cases shall remain separate, however, discovery shall occur simultaneously. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH)
4/22/2015Plaintiff Motion to Substitute Counsel of Record
10/9/2014PlaintiffPlaintiff’s Response to Defendants’ Motion to Set Aside Default
10/7/2014DefendantDefendants’ Pre-Hearing Memorandum Regarding Determination of Monetary Damages
9/23/2014PlaintiffPlaintiff’s Pre-Hearing Memorandum Regarding Determination of Monetary Damages
9/23/2014CourtOrder Denying Joint Motion to Continue Fed. R. Civ. P. 55(b)(2) Hearing and to Extend Time for Submission of Pre-Hearing Memoranda
9/22/2014PlaintiffJoint Motion to Continue Fed. R. Civ. P. 55 (b)(2) Hearing and To Extend Time for Submission of Pre-Hearing Memoranda
9/18/2014DefendantDefendants’ Motion to Join Plaintiff’s Request for Status Conference
9/15/2014CourtSet/Reset Deadlines as to 77 MOTION to Set Aside Default. (SMG)
9/15/2014DefendantFRCP Rule 55(c) Motion to Set Aside Default
9/15/2014CourtOrder Granting Defendants’ Motion for Leave to File Motion to Set Aside Default Under Rule 55(c)(Doc. 74)
9/12/2014PlaintiffPlaintiff’s Motion for Status Conference
9/11/2014DefendantMotion for Leave to File Motion to Set Aside Default Under Rule 55(c)
9/3/2014CourtORDER granting 71 Motion to Enroll Additional Attorney. Added attorney Gwendolyn K. Brown for Carl Dabadie, Jr, Jane Doe, Lisa Freeman, Mary E. Roper, The City of Baton Rouge, James Thomas and Patrick Wennemann. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 9/3/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
9/3/2014CourtORDER granting 70 Motion to Strike previously filed motion to enroll additional counsel (R. Doc. 68), and doc. 68 shall be Struck from the record of this matter. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 9/3/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JSL)
8/27/2014CourtMOTION(S) REFERRED: 71 MOTION to Enroll Gwendolyn K. Brown as Additional Attorney. This motion is now pending before the USMJ. (CGP)
8/27/2014CourtMOTION(S) REFERRED: 70 MOTION to Strike 68 MOTION to Enroll Gwendolyn K. Brown as Additional Attorney. This motion is now pending before the USMJ. (CGP)
8/26/2014DefendantMotion and Order to Enroll as Additional Counsel of Record
8/26/2014DefendantMotion to Strike Previously Filed Motion to Enroll Additional Counsel
8/26/2014CourtMOTION(S) REFERRED: 68 MOTION to Enroll Gwendolyn K. Brown as Additional Attorney . This motion is now pending before the USMJ. (JDL)
8/25/2014CourtSet/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Brief due by 9/23/2014. Brief due by 10/7/2014. Evidentiary Hearing set for 10/23/2014 at 10:00 AM in Courtroom 2 before Chief Judge Brian A. Jackson. (NLT)
8/25/2014CourtRuling and Order re Motion for Default Judgment (Doc. 26)
8/22/2014CourtSTRICKEN FROM THE RECORD MOTION to Enroll Gwendolyn K. Brown as Additional Attorney by Carl Dabadie, Jr, Jane Doe, Lisa Freeman, Mary E. Roper, The City of Baton Rouge, James Thomas, Patrick Wennemann, D. Dewayne White. (Attachments: # 1 Attachment Order)(Knightshead, Tedrick) Modified on 9/4/2014 to remove the document as it has been stricken (NLT).
8/13/2014CourtNOTICE of Exhibits Filed Conventionally by The City of Baton Rouge re 67 Order.(TMR)
8/13/2014CourtOrder Striking Document Number 58 and Granting Motion and Order to Withdraw as Counsel of Record (Doc.38)
7/30/2014CourtMinute Entry for proceedings held before Chief Judge Brian A. Jackson: Show Cause Hearing held on 7/30/2014. Counsel presents oral argument to the Court. Mary Roper, Esq., Tedrick Knightshead, Esq. and James L. Hilburn, Esq. respond in open court to the Order to Show Cause issued herein. The Court advised counsel should they violate the Federal Rules of Civil Procedure or the Local Rules of the Middle District of Louisiana again, they may no longer be permitted to practice in this Court. For reaons stated, the Order to Show Cause as to Mary Roper, Esq., Tedrick Knightshed, Esq., and James L. Hilburn, Esq. is vacated. (Court Reporter C. Smith-Neely.) (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH) Modified on 8/12/2014 to edit text (PJH).
7/28/2014CourtMinute Entry for proceedings held before Chief Judge Brian A. Jackson: Status Conference held on 7/28/2014. Procedural matters discussed. The Show Cause Hearing will be held, as previously scheduled, on 7/30/2014 at 10:30 a.m., in Courtroom 2. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (PJH)
7/26/2014CourtNOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Motion Hearing hearing before Judge Chief Brian A. Jackson held on 6-18-14. Court Reporter: Clare Smith-Neely. Phone Number: 225-389-3565.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have five (5) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Tran script Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/13/2014. Redacted Transcript Deadline set for 8/25/2014. Release of Transcript Restriction set for 10/21/2014. (Smith-Neely, Clare)
7/25/2014PlaintiffTranscript Order Form for Plaintiffs
7/24/2014DefendantMotion to Strike Transcript Request
7/24/2014PlaintiffPlaintiff’s Motion for Temporary Restraining Order and for Preliminary Injunction
7/24/2014DefendantTRANSCRIPT REQUEST by Mary E. Roper for proceedings held on June 18, 2014 before Judge Brian A. Jackson.. (LeBlanc, Alfred)
7/23/2014DefendantTRANSCRIPT REQUEST by James L. Hilburn for proceedings held on 06/18/2014 before Judge Brian A. Jackson.. (Hilburn, James) (Main Document 59 replaced on 7/24/2014) (LLH).
7/23/2014CourtSTRICKEN FROM THE RECORD TRANSCRIPT REQUEST by James L. Hilburn for proceedings held on 6/18/14 before Judge Jackson.. (Hilburn, James) Modified on 8/13/2014 to remove the document as it has been stricken (NLT). (Entered: 07/23/2014)
7/23/2014DefendantResponse of Mary Roper to the Court’s Order to Show Cause Regarding Why Sanctions Should Not Be Granted (Doc. No. 31)
7/23/2014DefendantResponse of James Hilburn and Tedrick Knightshead to the Court’s Order to Show Cause Why Sanctions Should Not Be Imposed
7/23/2014CourtOrder Granting Motions for Leave to File Response to Order to Show Cause
7/22/2014PlaintiffPlaintiff’s Response In Support of Defendants’ Motion for Leave to File Exhibit Conventionally
7/16/2014DefendantMotion for Status Conference
7/16/2014DefendantDefendant Mary Roper’s Motion for Leave to File Reply to Plaintiff’s Response (Docket Entry No. 44)
7/14/2014CourtMotions No Longer Referred: 38 MOTION for James L. Hilburn to Withdraw as Attorney . This motion is now pending before the USDJ per chambers. (NLT)
7/10/2014DefendantExParte Motion of Mary Roper to Clarify Enrollment of Additional Counsel
7/10/2014PlaintiffPlaintiff’s Response to Defendants’ Post Hearing Memorandum
7/10/2014DefendantMotion for Leave to File Response of Mary Roper to the Court’s Order to Show Cause Regarding Why Sanctions Should Not Be Granted (Doc. No. 31)
7/9/2014DefendantEx Parte Motion to Withdraw-Strike Previously Filed Pleadings, and Substitute Attached Pleadings for Same
7/7/2014CourtOrder Granting Defendants’ ExParte Motion to Enroll Additional Counsel and ExParte Motion for Permission to Enroll Counsel
7/7/2014CourtSet/Reset Deadlines/Hearings: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) Show Cause Hearing set for 7/30/2014 at 10:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson.
7/7/2014CourtOrder Continuing Order to Show Cause Hearing
7/7/2014DefendantMotion for Permission to File Response of James Hilburn and Tedrick Knightshead to the Court’s Order to Show Cause Why Sanctions Should Not Be Imposed
7/7/2014PlaintiffPlaintiff’s Response to Docket Entry No. 43 Response of Mary Roper to the Court’s Order to Show Cause Regarding Why Sanctions Should Not Be Granted
7/4/2014CourtSTRICKEN FROM THE RECORD RESPONSE to the Court’s Rule to Show Cause Why Sanctions Should not be Granted filed by Mary E. Roper. (Knightshead, Tedrick) Modified on 7/23/2014 to remove the document as it has been stricken (NLT).
7/4/2014CourtSTRICKEN FROM THE RECORD First MOTION for Leave to File a Response to the Rule to Show Cause by Mary E. Roper. (Knightshead, Tedrick) Modified on 7/23/2014 to remove the document as it has been stricken (NLT).
7/4/2014DefendantDefendant Mary Roper’s Ex Parte Motion to Enroll Additional Counsel
7/3/2014DefendantDefense Response to Notice of Facts Related to Current Proceeding
7/3/2014CourtMOTION(S) REFERRED: 39 Ex-parte MOTION to Enroll Frank J. Gremillion as Attorney . This motion is now pending before the USMJ. (CGP)
7/3/2014CourtMOTION(S) REFERRED: 38 MOTION for James L. Hilburn to Withdraw as Attorney . This motion is now pending before the USMJ. (CGP)
7/3/2014DefendantEx Parte Motion for Permission to Enroll as Counsel
7/3/2014DefendantMotion and Order to Withdraw as Counsel of Record
7/3/2014DefendantDefendants’ Motion for Leave to File Exhibits Conventionally
7/2/2014DefendantDefendants’ Post-Hearing Memorandum
7/1/2014CourtOrder Striking Defendants Post Hearing Memorandum
7/1/2014CourtOrder re Notice of Facts Related to Current Proceeding (Doc. 32)
6/30/2014CourtSTRICKEN FROM THE RECORD POST HEARING MEMORANDUM by The City of Baton Rouge (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment)(Knightshead, Tedrick) Modified on 7/1/2014 to edit text (CGP). Modified on 7/1/2014 to remove the documents as they have been stricken(NLT).
6/27/2014PlaintiffNotice of Facts Related to Current Proceeding
6/20/2014CourtOrder to Show Cause for Defendants Waiver of the Service of Summons
6/19/2014CourtExhibit(s) filed conventially as to 26 MOTION for Default Judgment as to City of Baton Rouge, Mary Roper, Carl Dabadie, Jr., Lisa Freeman, Patrick Wennemann, James Thomas by Ernest Taylor. (TMR)
6/18/2014CourtOrder Denying Defendants FRCP Rule 44 Motion to Set Aside Clerk’s Entry of Default and Granting Plaintiff’s Motion for Leave to File Exhibit Conventionally
6/3/2014CourtOrder Setting Hearing for Motions
6/2/2014CourtMotions No Longer Referred: 27 MOTION for Leave to File Exhibit Conventionally . This motion is now pending before the USDJ.
5/30/2014DefendantResponse in Opposition to Plaintiff’s Motion for Entry of Default Judgment
5/30/2014CourtMOTION(S) REFERRED: 27 MOTION for Leave to File Exhibit Conventionally . This motion is now pending before the USMJ.
5/30/2014PlaintiffMotion for Leave to File Exhibit Conventionally
5/30/2014PlaintiffMotion for Entry of Default Judgment
5/8/2014DefendantResponse in Opposition to Plaintiff’s Motion to Strike Defendant’s Answer
5/3/2014PlaintiffMotion to Strike Defendants’ Answer
5/3/2014PlaintiffResponse in Opposition to Defendants’ Motion to Set Aside Clerk’s Entry of Default
4/22/2014DefendantFRCP Rule 55 Motion to Set Aside Clerk’s Entry of Default
4/22/2014DefendantMemo in Support of FRCP 55(C) Motion to Set Aside Clerk’s Entry of Default
4/21/2014CourtORDER granting 18 Motion to Enroll as Attorney. Added attorney Tedrick Knightshead for Carl Dabadie, Jr, Jane Doe, Lisa Freeman, Mary E. Roper, The City of Baton Rouge, James Thomas, and for Patrick Wennemann. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 4/21/2014. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)
4/17/2014CourtSTRICKEN FROM THE RECORD ANSWER to 1 Complaint, with Jury Demand by Carl Dabadie, Jr, Jane Doe, Lisa Freeman, Mary E. Roper, The City of Baton Rouge, James Thomas, Patrick Wennemann.(Knightshead, Tedrick) Modified on 6/23/2014 to remove the document as it has been stricken (NLT).
4/17/2014CourtMOTION(S) REFERRED: 18 MOTION to Enroll Tedrick K. Knightshead as Counsel of Record. This motion is now pending before the USMJ. (
4/17/2014DefendantMotion and Order to Enroll as Counsel of Record
4/16/2014CourtOrder Granting Request for Entry of Default Against Ernest Taylor
4/16/2014CourtOrder Granting Plaintiffs Notice of Voluntary Dismissal of Defendant D. DeWayne White
4/16/2014PlaintiffMotion for Preliminary Default
4/10/2014CourtOrder Cancelling Order to Show Cause Hearing
4/9/2014PlaintiffPlaintiff’s Notice of Voluntary Dismissal of Defendant D. DeWayne White
3/27/2014CourtFollow-up Order re Order to Show Cause
3/6/2014CourtOrder to Show Cause
3/6/2014CourtScheduling Order
3/5/2014DefendantSupplemental Status Report
2/5/2014CourtNotice to Counsel: (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.Scheduling Conference set for 2/6/2014 is reset to 3/6/2014 at 11:30 AM in chambers before Magistrate Judge Richard L. Bourgeois Jr. (JSL)
1/23/2014PlaintiffStatus Report
12/12/2013CourtOrder Granting Motion to Continue Scheduling Conference
12/5/2013CourtMOTION(S) REFERRED: 5 MOTION to Continue Scheduling Conference . This motion is now pending before the USMJ. (CGP)
12/5/2013PlaintiffMotion to Continue Scheduling Conference
10/31/2013CourtOrder Setting Scheduling Conference
10/27/2013PlaintiffWaiver of the Service of Summons
9/5/2013PlaintiffSummons Returned as to The City of Baton Rouge
9/3/2013PlaintiffComplaint