| Court: | laed |
| Docket #: | 2:09-cv-04276 |
| Case Name: | Fields v. New Orleans City et al |
| PACER case #: | 134006 |
| Date filed: | 2009-07-06 |
| Date terminated: | 2012-01-11 |
| Assigned to: | Donald E Walter |
| Referred to: | Magistrate Judge Joseph C. Wilkinson, Jr |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Damon J. Fields Plaintiff individually |
David Augustus Capasso |
| New Orleans City Defendant |
James Bryan Mullaly Eraka W. DeLarge Franz L. Zibilich Isaka R. Williams Nolan Patrick Lambert Penya M. Moses-Fields |
| Warren J. Riley Defendant New Orleans Police Superintendent, in his official capacity |
James Bryan Mullaly Eraka W. DeLarge Franz L. Zibilich Isaka R. Williams Nolan Patrick Lambert Penya M. Moses-Fields |
| Officer Billy Defendant New Orleans Police Officer, Badge #482 TERMINATED: 08/27/2009 |
|
| Unidentified Parties Defendant |
|
| Felicia Billy Defendant Officer, named as Officer Billy, New Orleans Police Officer, Badge #482 |
James Bryan Mullaly Eraka W. DeLarge Franz L. Zibilich Isaka R. Williams Nolan Patrick Lambert Penya M. Moses-Fields |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-07-06 | 1 | 0 | COMPLAINT with Jury Demand against New Orleans City, Warren J. Riley, Officer Billy (Filing fee $ 350.) filed by Damon J. Fields. (Attachments: # 1 Civil Cover Sheet)(gec, ) (Entered: 07/07/2009) | |||
| 2009-07-06 | 2 | 0 | Summons Issued as to New Orleans City, Warren J. Riley, Officer Billy. (gec, ) (Entered: 07/07/2009) | |||
| 2009-08-07 | 3 | 0 | SUMMONS Returned Executed; Warren J. Riley served on 8/5/2009, answer due 8/25/2009. (gec, ) (Entered: 08/07/2009) | |||
| 2009-08-07 | 4 | 0 | SUMMONS Returned Executed; New Orleans City served on 8/5/2009, answer due 8/25/2009. (gec, ) (Entered: 08/07/2009) | |||
| 2009-08-07 | 5 | 0 | SUMMONS Returned Executed; Officer Billy served on 8/5/2009, answer due 8/25/2009. (gec, ) (Entered: 08/07/2009) | |||
| 2009-08-27 | 6 | 0 | ANSWER to 1 Complaint with Jury Demand by New Orleans City, Warren J. Riley, Felicia Billy.(Williams, Isaka) Modified on 8/28/2009 to edit text. (gec, ). (Entered: 08/27/2009) | |||
| 2009-09-11 | 7 | 0 | NOTICE: Scheduling Conference set for 9/23/2009 03:45 PM before courtroom deputy by telephone, by Clerk.(bjj, ) (Entered: 09/11/2009) | |||
| 2009-09-23 | 8 | 0 | SCHEDULING ORDER: Final Pretrial Conference set for 9/9/2010 10:30 AM before Judge Ivan L. R. Lemelle. Jury Trial set for 9/27/2010 08:30 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle on 9/23/09. (Attachments: # 1 Pretrial Notice Form)(bjj, ) (Entered: 09/23/2009) | |||
| 2009-12-14 | 9 | 0 | ORDER that Plaintiffs Rule 26 disclosures shall be submitted to Defendant by 12/23/09; A joint report on the status of their meeting shall be filed by 1/16/10. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 12/14/2009) | |||
| 2010-02-04 | 10 | 0 | ORDER that parties counsel shall provide the Court with an update on settlement efforts and motion practice by 2/26/2010. Signed by Judge Ivan L. R. Lemelle.(lag, ) (Entered: 02/05/2010) | |||
| 2010-07-12 | 11 | 0 | Witness and Exhibit List by Felicia Billy, New Orleans City, Warren J. Riley. (Williams, Eraka) (Entered: 07/12/2010) | |||
| 2010-08-05 | 12 | 0 | DEFICIENT EXPARTE/CONSENT MOTION for Summary Judgment by Felicia Billy, New Orleans City, Warren J. Riley. Motion Hearing set for 9/1/2010 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Motion for Leave to file Motion for Summary Judgement, # 3 Memorandum in support of Motion for Leave, # 4 Proposed Order, # 5 Exhibit Exhibit 1)(Williams, Isaka) Modified on 8/6/2010 (lag, ). (Entered: 08/05/2010) | |||
| 2010-08-06 | 13 | 0 | EXPARTE/CONSENT MOTION for Leave to File Attached Motion For Summary Judgment by Felicia Billy, New Orleans City, Warren J. Riley. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading, # 4 Memorandum in Support, # 5 Statement of Contested/Uncontested Facts, # 6 Notice of Hearing, # 7 Exhibit)(Williams, Isaka) (Entered: 08/06/2010) | |||
| 2010-08-11 | 14 | 0 | ORDER re 13 MOTION for Leave to File Attached Motion For Summary Judgment filed by New Orleans City, Felicia Billy, Warren J. Riley. ORDERED that any opposition to Motion for Leave to File shall be filed by 8/13/2010. Signed by Judge Ivan L.R. Lemelle on 8/9/10.(plh, ) (Entered: 08/11/2010) | |||
| 2010-08-13 | 15 | 0 | Memorandum by Damon J. Fields to Motion for Summary Judgment (lag, ) (Entered: 08/16/2010) | |||
| 2010-08-19 | 16 | 0 | ORDER granting 13 Motion for Leave to File motion for summary judgment; Said motion set for hearing 9/15/2010 without oral argument. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 08/19/2010) | |||
| 2010-08-19 | 17 | 0 | MOTION for Summary Judgment by Felicia Billy, New Orleans City, Warren J. Riley. Motion Hearing set for 9/15/2010 WITHOUT Oral Argument before Judge Ivan L.R. Lemelle (Per Order, doc. no. 16.) (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit, # 4 Notice of Hearing)(lag, ) (Entered: 08/19/2010) | |||
| 2010-09-09 | 18 | 0 | ORDER granting 17 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle on 9/9/2010. (caa, ) (Entered: 09/10/2010) | |||
| 2010-09-13 | 19 | 0 | JUDGMENT entered in favor of defendants against Damon J. Fields. Signed by Judge Ivan L.R. Lemelle on 9/9/2010.(lag, ) (Entered: 09/14/2010) | |||
| 2010-10-12 | 20 | 0 | MOTION for Leave to File motion for reconsideration by Damon J. Fields. Motion Hearing set for 10/22/2010 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Notice of Hearing, # 2 Proposed Pleading motion, # 3 Proposed Pleading exhibit, # 4 Proposed Pleading ntc of hrg)(lag, ) (Entered: 10/14/2010) | |||
| 2010-10-13 | 21 | 0 | MOTION for Leave to File motion to set aside court's order by Damon J. Fields. Motion Hearing set for 10/21/2010 before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Pleading motion, # 4 Proposed Pleading memo, # 5 Proposed Pleading exhibit, # 6 Proposed Pleading notice)(lag, ) (Entered: 10/15/2010) | |||
| 2010-10-18 | 22 | 0 | ORDER granting 20 Motion for Leave to File motion for reconsideration; granting 21 Motion for Leave to File motion to set aside order; FURTHER ORDERED that hearing on motions set for 10/27/2010 9:00 AM WITH Oral Argument. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 10/18/2010) | |||
| 2010-10-18 | 23 | 0 | MOTION for Reconsideration re 18 Order on Motion for Summary Judgment ; by Damon J. Fields. Motion Hearing set for 10/27/2010 09:00 AM before Judge Ivan L.R. Lemelle WITH ORAL ARGUMENT, Per doc. 22. (Attachments: # 1 Exhibit)(lag, ) (Entered: 10/18/2010) | |||
| 2010-10-18 | 24 | 0 | MOTION to Set Aside re 18 Order on Motion for Summary Judgment by Damon J. Fields. Motion Hearing set for 10/27/2010 09:00 AM before Judge Ivan L.R. Lemelle, WITH ORAL ARGUMENT, per doc. 22. (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(lag, ) (Entered: 10/18/2010) | |||
| 2010-10-19 | 25 | 0 | RESPONSE/MEMORANDUM in Opposition filed by Felicia Billy, New Orleans City, Warren J. Riley re 23 MOTION for Reconsideration re 18 Order on Motion for Summary Judgment ;. (Mullaly, James) (Entered: 10/19/2010) | |||
| 2010-10-22 | 26 | 0 | REPLY to Response to Motion filed by Damon J. Fields re 24 MOTION to Set Aside re 18 Order on Motion for Summary Judgment. (lag, ) (Entered: 10/25/2010) | |||
| 2010-10-29 | 27 | 0 | ORDER granting 23 MOTION for Reconsideration; FURTHER ORDERED that 18 Order on Motion for Summary Judgment and 19 Judgment are VACATED. FURTHER ORDERED that 24 MOTION to Set Aside is dismissed as moot. FURTHER ORDERED that 17 Motion for Summary Judgment is granted in part and denied in part. FURTHER ORDERED that Scheduling Conference set for 11/18/2010 03:00 PM before courtroom deputy by telephone. Signed by Judge Ivan L.R. Lemelle on 10/28/2010.(lag, ) (Entered: 10/29/2010) | |||
| 2010-11-19 | 28 | 0 | SCHEDULING ORDER: Final Pretrial Conference set for 8/9/2011 03:00 PM before Judge Ivan L.R. Lemelle. Jury Trial set for 9/12/2011 08:30 AM before Judge Ivan L.R. Lemelle.. Signed by Judge Ivan L.R. Lemelle. (Attachments: # 1 Pretrial Notice Form)(lag, ) (Entered: 11/19/2010) | |||
| 2011-04-08 | 29 | 0 | ORDER TRANSFERRING CASE. Case transferred to Donald E Walter for all further proceedings. Judge Ivan L.R. Lemelle no longer assigned to case. Signed by Chief Judge Sarah S. Vance on 4/7/2011.(lag, ) (Entered: 04/08/2011) | |||
| 2011-04-14 | 30 | 0 | MINUTE ENTRY 4/12/11: Telephone Status Conference is set for 4/28/2011 10:30 AM before Donald E Walter.Defendant's counsel shall initiate the call. Signed by Donald E Walter.(jtd) (Entered: 04/14/2011) | |||
| 2011-04-28 | 31 | 0 | Minute Entry for proceedings held before Donald E Walter: Telephone Status Conference held on 4/28/2011. Jury Trial is RESET for 9/20/2011 09:00 AM before Donald E Walter. Courtroom number to be disclosed at a later date. All other deadlines set in the 11/19/10 scheduling order, doc. #28, remain in effect. (jtd) (Entered: 04/28/2011) | |||
| 2011-05-06 | 32 | 0 | ORDER Jury Trial reset for 9/19/2011 09:00 AM before Donald E Walter. Signed by Donald E Walter.(plh, ) (Entered: 05/06/2011) | |||
| 2011-08-04 | 33 | 0 | ORDER - Final Pretrial Conference set for 8/19/2011 12:30 PM before Magistrate Judge Joseph C. Wilkinson Jr. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (copy - MJ Hornsby)(car, ) (Entered: 08/04/2011) | |||
| 2011-08-19 | 34 | 0 | REPORT AND RECOMMENDATIONS re 1 Complaint filed by Damon J. Fields - Objections to R&R due by 9/2/2011. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(car, ) (Entered: 08/22/2011) | |||
| 2011-08-19 | 35 | 0 | Minute Entry for proceedings held before Magistrate Judge Joseph C. Wilkinson, Jr: PTC was on 8/19/2011. Pla's counsel failed to appear, thus the final PTC could not be conducted as stated herein. (car, ) (Entered: 08/22/2011) | |||
| 2011-09-02 | 36 | 0 | OBJECTION to 34 Report and Recommendations by Damon J. Fields. (Attachments: # 1 Exhibit)(mmv, ) (Entered: 09/06/2011) | |||
| 2011-09-07 | 37 | 0 | Minute Entry: 09/07/11 - regarding 36 Objection to Report and Recommendations filed by Damon J. Fields, counsel for defendants shall file any response by 9/14/11. Signed by Judge Donald E Walter. (jtd) (Entered: 09/07/2011) | |||
| 2011-09-12 | 38 | 0 | EXPARTE/CONSENT MOTION for Writ of Habeas Corpus ad testificandum as to Damon Fields by Damon J. Fields. (Attachments: # 1 Proposed Order)(lag, ) (Entered: 09/12/2011) | |||
| 2011-09-13 | 39 | 0 | Correction of Docket Entry by Clerk re 38 MOTION for Writ of Habeas Corpus ad testificandum as to Damon Fields. **(1) This matter was reassigned to Judge Walter on 4/8/11. The case caption on all future documents should reflect Judge Walter instead of Section B. (jtd) (Entered: 09/13/2011) | |||
| 2011-09-14 | 40 | 0 | Response/Reply by New Orleans City, Warren J. Riley to Plaintff's Objections to Magistrate's Report and Recommendations (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2 , # 4 Exhibit 3)(Williams, Isaka) Modified docket text on 9/15/2011 (jtd). (Entered: 09/14/2011) | |||
| 2011-09-15 | 41 | 0 | Correction of Docket Entry by Clerk re 40 Response/Reply to Plaintiff's Objections to Magistrate's Report and Recommendation. **When filing multiple attachments of exhibits, enter a description (i.e. '1', '2', etc.) in addition to selecting 'Exhibit' from the category drop-down list. Clerk has modified docket text to better describe exhibits. (jtd) (Entered: 09/15/2011) | |||
| 2011-09-15 | 42 | 0 | MINUTE ENTRY: 09/15/11 -- Plaintiff's counsel, Mr. David Capasso, is ORDERED to appear before Judge Donald E. Walter, U.S. District Court in New Orleans, Room C-224, on 9/21/2011 at 5:00 PM to show cause why this case should not be dismissed with prejudice. Signed by Judge Donald E Walter on 9/15/11.(jtd) (Entered: 09/15/2011) | |||
| 2011-09-19 | 43 | 0 | MOTION to Compel by Damon J. Fields. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion set for 10/5/2011 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Notice of Submission)(mmv, ) (Entered: 09/21/2011) | |||
| 2011-09-19 | 44 | 0 | EXPARTE/CONSENT MOTION to Expedite by Damon J. Fields. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Proposed Order)(mmv, ) (Entered: 09/21/2011) | |||
| 2011-09-21 | 45 | 0 | Minute Entry for proceedings held before Judge Donald E Walter: Show Cause Hearing held on 9/21/2011. Court ORDERS that plaintiff's counsel, Mr. David Capasso, be sanctioned in the amount of $1,000.00 to be paid to the City of New Orleans. Plaintiff's case is reinstated. (Court Reporter Toni Tusa.) (jtd) (Entered: 09/22/2011) | |||
| 2011-09-22 | 46 | 0 | ORDER granting 44 MOTION to Expedite filed by Damon J. Fields, Setting Hearing on 43 MOTION to Compel for 10/12/2011 on the briefs without oral argument. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/22/2011.(caa, ) (Entered: 09/23/2011) | |||
| 2011-09-22 | 47 | 0 | Minute Entry: 09/22/11 - Court held hearing on 9/21/11. Court reinstates this matter at no prejudice to the plaintiff and will set new trial and pre-trial conference dates. A new deadline will be set for submission of pre-trial inserts. All other deadlines have expired in accordance with the previous scheduling order. Signed by Judge Donald E Walter on 9/22/11.(jtd) (Entered: 09/23/2011) | |||
| 2011-10-03 | 48 | 0 | MINUTE ENTRY: 10/03/11; Jury Trial is set for 1/23/2012 at 09:00 AM before Judge Donald E Walter in New Orleans, La. ORDERED that pre-trial inserts be exchanged between parties by 12/15/11. Parties to submit final pre-trial order to court by 12/19/11 at Shreveport address. Signed by Judge Donald E Walter on 10/3/11.(jtd) (Entered: 10/03/2011) | |||
| 2011-10-04 | 49 | 0 | RESPONSE/MEMORANDUM in Opposition filed by New Orleans City, Warren J. Riley re 43 MOTION to Compel Discovery. (Williams, Isaka) (Entered: 10/04/2011) | |||
| 2011-10-12 | 50 | 0 | ORDER finding as moot 43 Motion to Compel. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 10/12/2011) | |||
| 2011-11-14 | 51 | 0 | ***DOCKETED IN ERROR - SEE DOCUMENT #52*** EXPARTE/CONSENT MOTION for Summary Judgment by New Orleans City, Warren J. Riley. (Attachments: # 1 Memorandum in Support Motion for Leave, # 2 Proposed Order Motion for Leave, # 3 Proposed Pleading Motion for Summary Judgment, # 4 Memorandum in Support Motion for Summary Judgment, # 5 Statement of Contested/Uncontested Facts Motion for Summary Judgment, # 6 Notice of Submission Motion for Summary Judgment)(Williams, Isaka) Modified docket text on 11/15/2011 (jtd). Modified on 11/15/2011 (jtd). (Entered: 11/14/2011) | |||
| 2011-11-14 | 52 | 0 | MOTION for Leave to File Motion for Summary Judgment by New Orleans City, Warren J. Riley. (Attachments: # 1 Memorandum in Support of Motion for Leave to File, # 2 Proposed Order re Motion for Leave, # 3 Proposed Pleading Motion for Summary Judgment, # 4 Memorandum in Support of Motion for Summary Judgment, # 5 Statement of Contested/Uncontested Facts re Motion for Summary Judgment, # 6 Notice of Submission of Motion for Leave to File)(Williams, Isaka) Modified docket text on 11/15/2011 (jtd). (Entered: 11/14/2011) | |||
| 2011-11-15 | 53 | 0 | Correction of Docket Entry by Clerk regarding 51 MOTION for Summary Judgment. This document was entered in error using incorrect event. Clerk has modified docket text accordingly. Regarding 52 MOTION for Leave to File Motion for Summary Judgment, filing attorney should have selected 'No' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk has modified docket text to remove 'exparte/consent' since the motion is opposed. And, as a result, motion was not set for submission. Clerk has set submission date for Motion for Leave to File for 12/7/2011 09:00 AM before Judge Donald Walter. (jtd) (Entered: 11/15/2011) | |||
| 2011-12-09 | 54 | 0 | ORDER granting 52 Motion for Leave to File Motion for Summary Judgment by New Orleans City, Warren J. Riley. Hearing on Motion for Summary Judgment will be had on 12/9/11. Signed by Judge Donald E Walter on 12/9/11. (jtd) (Entered: 12/12/2011) | |||
| 2011-12-09 | 55 | 0 | MOTION for Summary Judgment by New Orleans City, Warren J. Riley. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Notice of Submission)(jtd) (Entered: 12/12/2011) | |||
| 2011-12-09 | 56 | 0 | MINUTE ENTRY 12/09/2011: Before the court is 52 MOTION for Leave to File Motion for Summary Judgment filed by New Orleans City, Warren J. Riley. Court ORDERS that any opposition to 55 MOTION for Summary Judgment filed by New Orleans City, Warren J. Riley, should be filed within 21 days of the date of this minute, by closed of business on 12/30/11. Signed by Judge Donald E Walter.(jtd) (Entered: 12/12/2011) | |||
| 2011-12-16 | 57 | 0 | MINUTE ENTRY 12/16/11: Pursuant to request by defense counsel, court grants an extension of time for submission of final pretrial order by close of business on 12/21/11. Signed by Judge Donald E Walter on 12/16/11.(jtd) (Entered: 12/16/2011) | |||
| 2012-01-04 | 58 | 0 | EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Summary Judgment by Damon J. Fields. (Attachments: # 1 Proposed Order)(lag, ) (Entered: 01/05/2012) | 2015-09-25 17:05:17 | e8b5629c2024c9a5300a0ad7345dbfacb065e53b | |
| 58 | 1 | Proposed Order | ||||
| 2012-01-05 | 59 | 0 | Correction of Docket Entry by Clerk re 58 MOTION for Extension of Time to File Response/Reply as to 55 MOTION for Summary Judgment. **This case was reassigned to Judge Walter on 4/8/11. The case caption on all future documents should reflect JUDGE WALTER instead of Section B. (jtd) (Entered: 01/05/2012) | |||
| 2012-01-11 | 60 | 0 | MEMORANDUM RULING granting 55 MOTION for Summary Judgment filed by New City of New Orleans and Warren J. Riley, and rendering as moot 58 MOTION for Extension of Time to File Opposition to 55 MOTION for Summary Judgment filed by Damon J. Fields. Signed by Judge Donald E Walter on 1/11/12.(jtd) (Entered: 01/11/2012) | 2012-01-12 09:58:47 | 752f57376890817d4dce5d09cad9d4a5b32b1fe3 | |
| 2012-01-11 | 61 | 0 | JUDGMENT: ORDERED that 55 MOTION for Summary Judgment filed by New City of New Orleans and Warren J. Riley is granted and plaintiff's claims are dismissed with prejudice. Further ORDER that 58 MOTION for Extension of Time to File Opposition to 55 MOTION for Summary Judgment filed by Damon J. Fields is moot. Signed by Judge Donald E Walter on 1/11/12.(jtd) (Entered: 01/11/2012) |