Case 2:11-cv JTM-JCW Document 359 Filed 09/26/12 Page 1 of 4 IN UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

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1 Case 2:11-cv JTM-JCW Document 359 Filed 09/26/12 Page 1 of 4 IN UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LOUISIANA STATE CONFERENCE OF CIVIL ACTION NO THE NAACP, ROY FERRAND, and JTM-JCW SECTION H LUTHER SCOTT, JR., for themselves and all other persons similarly situated, Plaintiffs, v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. EX PARTE MOTION FOR EXPEDITED HEARING ON DEFENDANT SONNIER AND GREENSTEIN S JOINT MOTION TO CONTINUE TRIAL DATE NOW INTO COURT come Defendants, Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children and Family Services, and Bruce Greenstein, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals, through undersigned counsel, and upon advising the Court that Defendants have filed a Motion to Continue Trial Date, move ex parte pursuant to Local Rule 7.5 for an Order expediting the date of said hearing. As reason therefore, the undersigned states: 1. Defendants, Suzie Sonnier and Bruce D. Greenstein filed a Joint Motion to Continue Trial Date seeking to continue the trial date by days to allow the Department of Children and Family Services time to perform its duty to assist needy families who were victims of Hurricane Isaac.

2 Case 2:11-cv JTM-JCW Document 359 Filed 09/26/12 Page 2 of 4 2. Additionally, Defendants requested more time to allow time to enroll additional counsel. New counsel will assist both Defendants in trial preparation, litigation, and in the representation of Defendant Sonnier and Greenstein. Additional time is needed to allow new counsel to address internal matters and pre-trial motions in a timely manner. 3. Defendants Sonnier and Greenstein filed a Motion to Continue Trial Date and Notice of Submission. It was noticed for hearing on October 24, 2012 at 10:00 a.m. The motion was noticed for hearing on that date because it is the next regularly scheduled hearing date for the Court. 4. Trial in this matter is scheduled to commence on October 15, The trial is scheduled to be held for a total of two days. 5. Unless the hearing on Defendants Joint Motion to Continue Trial Date is expedited to allow for a determination by the Court on said motion prior to October 24, 2012, the motion itself would be rendered meaningless. 6. Further, an expedited determination respective to Defendants Sonnier and Greenstein s Motion to Continue Trial Date may affect when anticipated pre-trial and evidentiary motions should be filed.

3 Case 2:11-cv JTM-JCW Document 359 Filed 09/26/12 Page 3 of 4 7. Defendant Schedler supports the Motion to Continue Trial Date; however, Plaintiffs oppose such a much to continue trial date. 8. Defendants Sonnier and Greenstein believe a continuation of the trial date to be beneficial to all parties involved. WHEREFORE, Defendants Sonnier and Greenstein request that this Motion to Expedite Hearing on Defendants Joint Motion to Continue the Trial Date be granted. RESPECTFULLY SUBMITTED: /s/ Celia M. Alexander Charles L. Dirks, III Bar Roll Celia M. Alexander, Bar Roll Eboni M. Townsend, Bar Roll Bureau of General Counsel Department of Children & Family Services 627 N. 4 th Street, Fourth Floor (70802) Post Office Box 1887 Baton Rouge, Louisiana Telephone: (225) Facsimile: (225) Attorneys for Suzie Sonnier, in her official capacity as Secretary of the Louisiana Department of Children & Family Services /s/ Douglas Cade Douglas L. Cade, Bar Roll Stephen R. Russo, Bar Roll Kimberly L. Humbles, Bar Roll David L. McCay, Bar Roll Louisiana Department of Health and

4 Case 2:11-cv JTM-JCW Document 359 Filed 09/26/12 Page 4 of 4 Hospitals Bienville Building 628 N. 4 th Street P.O. Box 3836 Baton Rouge, LA Telephone: (225) Fax: (225) Attorneys for Bruce Greenstein, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and Motion to Expedite was sent electronically and/or via U.S. First class Mail, postage prepared, to the following: Ronald Wilson Celia R. Cangelosi Attorney at Law 918 Government Street, Suite Poydras St., Ste Baton Rouge, LA New Orleans, LA celiacan@bellsouth.net cabra12@aol.com Carey T. Jones Dale Ho (dho@naacpldf.org) 8115 Vincent Road Natasha Korgaonkar P.O. Box 700 (nkorganonkar@naacpldf.org) Denham Springs, LA Ryan P. Haygood (rhaygood@naacpldf.org tjones@tomjoneslaw.com 99 Hudson St., Ste New York, NY Douglas L. Cade, Bar Roll Michael B. de Leeuw Stephen R. Russo, Trial Attorney, Bar Roll (Michael.deleeuw@friedfrank.com) Kimberly L. Humbles, Bar Roll Israel David David L. McCay, Bar Roll (Israel.david@friedfranks.com) Louisiana Department of Health and Hospitals Fried, Frank, Harris, Bienville Building One New York Plaza 628 N. 4 th Street New York, New York P.O. Box 3836 Telephone: (225) Baton Rouge, LA Telephone: (225) Fax: (225) douglas.cade@la.gov stephen.russo@la.gov kimberly.humbles@la.gov david.mccay@la.gov /s/ Celia M. Alexander Celia M. Alexander

5 Case 2:11-cv JTM-JCW Document Filed 09/26/12 Page 1 of 1 IN UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA LOUISIANA STATE CONFERENCE OF CIVIL ACTION NO THE NAACP, ROY FERRAND, and JTM-JCW SECTION H LUTHER SCOTT, JR., for themselves and all other persons similarly situated, Plaintiffs, v. TOM SCHEDLER in his official capacity as the Louisiana Secretary of State, RUTH JOHNSON, in her official capacity as Secretary of the Louisiana Department of Children & Family Services, and BRUCE D. GREENSTEIN, in his official capacity as Secretary of the Louisiana Department of Health & Hospitals, Defendants. Considering the foregoing, ORDER IT IS ORDERED That Defendants Sonnier and Greenstein s Ex Parte Motion for Expedited Hearing be and is hereby granted. IT IS FURTHER ORDERED that the hearing on Defendant s Joint Motion to Continue Trial Date be and is hereby rescheduled for hearing on the day of October, 2012, at :00.m. New Orleans, Louisiana, this day of September, DISTRICT COURT JUDGE