U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:96-cv FJP
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1 CLOSED U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:96-cv FJP USA, et al v. State of Louisiana, et al Assigned to: Judge Frank J. Polozola Demand: $0 Case in other court: Cause: 42:1983 Civil Rights Act Plaintiff United States of America Date Filed: 08/29/1996 Date Terminated: 03/09/1998 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff represented by Tara Avery Hingle United States Attorney's Office - BR Middle District of Louisiana 777 Florida Street, Suite 208 Baton Rouge, LA Fax: USALAM.ECF@usdoj.gov LEAD ATTORNEY Sharyn A. Tejani United States Department of Justice Civil Rights Division Employment Litigation Section P. O. Box Washington, DC Tana Lin United States Department of Justice Civil Rights Division Employment Litigation Section P. O. Box Washington, DC
2 Plaintiff Michael A Stevenson V. Defendant State of Louisiana through the Department of Public Safety and Corrections represented by Keith M. Pyburn, Jr. Fisher & Phillips 201 St. Charles Avenue Suite 3710 New Orleans, LA Fax: FAX kpyburn@laborlawyers.com LEAD ATTORNEY Richard Allen Sherburne, Jr. Middleberg, Riddle & Gianna-BR 450 Laurel Street Suite 1101 Baton Rouge, LA Fax: rsherburne@midrid.com LEAD ATTORNEY Megan Shemwell Nash Entergy Services, Inc. - N.O. P.O. Box Loyola Ave., Floor 22B New Orleans, LA Fax: mnash1@entergy.com Defendant Louisiana Dept. of Public Safety and Corrections represented by Keith M. Pyburn, Jr. (See above for address)
3 LEAD ATTORNEY Richard Allen Sherburne, Jr. (See above for address) LEAD ATTORNEY Megan Shemwell Nash (See above for address) Defendant Louisiana State Police Commission represented by Keith M. Pyburn, Jr. (See above for address) LEAD ATTORNEY Richard Allen Sherburne, Jr. (See above for address) LEAD ATTORNEY Megan Shemwell Nash (See above for address) V. Appellee Albert J Bell represented by Albert J Bell 2516 Chippewa Street New Orleans,, LA PRO SE Notice Only Poslethwaite & Netterville represented by Poslethwaite & Netterville 8550 United Plaza Blvd. Baton Rouge, LA PRO SE
4 Date Filed # Docket Text 08/29/ COMPLAINT (hcj) (Entered: 08/29/1996) 08/29/1996 Set magistrate assignment. (hcj) (Entered: 08/29/1996) 08/29/ MOTION by USA for Tana Lin and Sharyn A. Tejani to Appear Pro Hac Vice (hcj) (Entered: 08/29/1996) 08/29/ CERTIFICATE OF SERVICE by United States' motion to admit counsel pro hac vice, Declaration of Tana Lin, Declaration of Sharyn Tejani and proposed order were served. (hcj) (Entered: 08/30/1996) 08/29/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police for provisional entry of Consent Decree and a fairness hearing (hcj) (Entered: 08/30/1996) 08/29/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [4-1] joint motion for provisional entry of Consent Decree by LA State Police, LA Public Safety, State of Louisiana, USA (hcj) (Entered: 08/30/1996) 08/29/1996 Holdingi Joint Consent Decree (hcj) (Entered: 08/30/1996) 08/29/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police for expedited status conference and expedited approval and entry of consent decree (hcj) (Entered: 08/30/1996) 08/29/ Joint stipulation of fact by USA, State of Louisiana, LA Public Safety, LA State Police and the US submission of uncontested facts. (hcj) (Entered: 08/30/1996) 08/30/ ORDER denying [6-1] joint motion for expedited status conference and expedited approval and entry of consent decree as moot. ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 09/04/1996) 09/03/ ORDER granting [2-1] plft's motion for Tana Lin and Sharyn A. Tejani to Appear Pro Hac Vice ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kdc) (Entered: 09/03/1996) 09/03/ ORDER granting [4-1] joint motion for provisional entry of Consent Decree and [4-2] joint motion a fairness hearing, set In Chambers Conference for 9:00 11/6/96. Dfts shall file notices of fairness hearing by 9/17/96 Any objection that any
5 incumbent State Police Cadet or State Trooper, or Any African Amercian... may have regarding the Consent Decree must be served by mail upon the Court, counsel for the US and counsel for dfts at least 15 days prior to the front and fairness hearing. The parties to this action may file written responses to any objections with the Court not less than 3 days prior to the scheduled date of the fairness hearing.( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 09/05/1996) 09/03/ Joint provisional entry of CONSENT DECREE (hcj) (Entered: 09/05/1996) 10/02/ OBJECTIONS to Consent Decree by Don W. Thibeaux in response to [10-1] order (hcj) Modified on 11/05/1996 (Entered: 11/05/1996) 10/02/ OBEJECTION to Consent Decree by Lakistrea Key in response to [10-1] order (hcj) Modified on 11/05/1996 (Entered: 11/05/1996) 10/10/ OBJECTION to Consent Decree by Andrew Hendon in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/18/ ONJECTION to Consent Decree by Kevin P. Christopher in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/21/ OBJECTION TO CONSENT DECREE by Reginald L. Falton in response to order [10-1] dated 9/3/96 (hcj) Modified on 10/29/1996 (Entered: 10/29/1996) 10/21/ OBJECTION TO CONSENT DECREE by Carl Booker in response [10-1] order dated 9/3/96 (hcj) (Entered: 10/29/1996) 10/21/ LETTER by James T. Kilburn in response to [10-1] order (hcj) Modified on 11/05/1996 (Entered: 10/30/1996) 10/21/ OBJECTION TO CONSENT DECREE by James Kilburn in response to [8-1] order (hcj) Modified on 11/05/1996 (Entered: 10/30/1996) 10/22/ OBJECTION to Consent Decree by Albert Bell in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/22/ OBJECTION to Consent Decree by Carl A. Booker in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Sean Craft in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree in response to [10-1] order
6 (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Robert Dowdy in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Terrance Maxie in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION in Consent Decree by Pamela Roberson in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Trooper Scott Spencer in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Derrick Stewart in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Trooper Gearld Varnado in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Steven Vaughn in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Wayne Virdrine in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by Octave Woodes in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/23/ OBJECTION to Consent Decree by John Peters in response to [10-1] order (hcj) (Entered: 11/05/1996) 10/29/ OBJECTIONS to Consent Decree by Sean Craft in response to [10-1] order (hcj) (Entered: 11/05/1996) 11/01/ SUPPLEMENTAL MEMORANDUM by USA in support of [4-2] joint motion a fairness hearing by LA State Police, LA Public Safety, State of Louisiana, USA (hcj) (Entered: 11/05/1996) 11/01/ RESPONSE to Objections to Proposed Consent Decree [10-1] order (hcj) (Entered: 11/05/1996) 11/19/ RESPONSE by Wilson Minor in response to [10-1] order (hcj) (Entered: 11/29/1996) 11/21/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police to Extend Time to notify claimants of the parties remedial priority employment relief determinations (hcj) (Entered: 11/21/1996)
7 11/22/ ORDER granting [39-1] joint motion to Extend Time to notify claimants of the parties remedial priority employment relief determinations, set Notice of Compliance deadline to 12/6/96 ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/25/1996) 12/19/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police for an order directing that the LA State Police use the protective setvices selection battery in he selection of candidates for appointment to the position of the State Police Cadet (hcj) (Entered: 12/20/1996) 12/19/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [42-1] joint motion for an order directing that the LA State Police use the protective setvices selection battery in he selection of candidates for appointment to the position of the State Police Cadet by LA State Police, LA Public Safety, State of Louisiana, USA (hcj) (Entered: 12/20/1996) 12/19/ EXHIBIT(S) to memo in support of joint motion for an order directing that the LA State Police use the protective services selection battery in the selection of candidates for appointment to the position of the State Police Cadet (hcj) (Entered: 12/20/1996) 12/20/ ORDER granting [42-1] joint motion for an order directing that the LA State Police use the protective setvices selection battery in he selection of candidates for appointment to the position of the State Police Cadet ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/20/1996) 12/31/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police to amend paragraph 38 of consent decree (hcj) (Entered: 12/31/1996) 12/31/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [46-1] joint motion to amend paragraph 38 of consent decree by LA State Police, LA Public Safety, State of Louisiana, USA (hcj) (Entered: 12/31/1996) 01/02/ ORDER granting [46-1] joint motion to amend paragraph 38 of consent decree ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 01/03/1997) 01/02/ NOTICE of Objection w/ attachments bycarl Booker, St. (hcj) Modified on 01/10/1997 (Entered: 01/03/1997)
8 01/02/ EXHIBIT(S) to Notice of Objection by Carl Nooker, Jr. (hcj) (Entered: 01/03/1997) 01/03/1997 Set magistrate assignment. (hcj) (Entered: 01/03/1997) 01/08/ TRANSCRIPT filed for dates of 11/6/96 (hcj) (Entered: 01/10/1997) 01/14/ JOINT MOTION by USA, State of Louisiana for approval of the parties remedial priority employment eligibility determinations pursuant to the consent decree and to file such determinations under seal (hcj) (Entered: 01/14/1997) 01/14/ MEMORANDUM by USA, State of Louisiana in support of [52-1] joint motion for approval of the parties remedial priority employment eligibility determinations pursuant to the consent decree by State of Louisiana, USA, [52-2] joint motion to file such determinations under seal by State of Louisiana, USA (hcj) (Entered: 01/14/1997) 01/16/ ORDER granting [52-1] joint motion for approval of the parties remedial priority employment eligibility determinations pursuant to the consent decree ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 01/16/1997) 01/16/ ORDER granting [52-2] joint motion to file such determinations under seal ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 01/16/1997) 01/21/ Remedial employment eligibility determinations UNDERSEAL (hcj) (Entered: 01/21/1997) 03/28/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police for approval of the parties final remedial priority employment eligibility determinations pursuant to the consent decree, and to file such determinations and supporting evidence under Seal (hcj) (Entered: 03/28/1997) 03/28/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [57-1] joint motion for approval of the parties final remedial priority employment eligibility determinations pursuant to the consent decree, and to file such determinations and supporting evidence under Seal by LA State Police, LA Public Safety, State of Louisiana, USA (hcj) (Entered: 03/28/1997) 04/01/ ORDER granting [57-1] joint motion for approval of the parties final remedial priority employment eligibility determinations of the parties and the information in Exhibits 2 and 3 to be filed
9 under seal ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/01/1997) 04/01/ ORDER granting [57-1] joint motion for approval of the parties final remedial priority employment eligibility determinations pursuant to the consent decree, and to file such determinations and supporting evidence under Seal ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/01/1997) 04/15/ Objection; Basis for disputing the relief determination in response to [10-1] order (hcj) (Entered: 04/15/1997) 05/14/ MOTION by State of Louisiana, LA Public Safety, LA State Police to appoint disbursement agent (ph) (Entered: 05/14/1997) 05/15/ ORDER granting [62-1] State of La, DOC and La State Police's motion to appoint disbursement agent...firm of Poslethwaite & Netterville is appointed as disbursement agent for the settlement fund provided for by the terms of the consent decree..defts shall bear all costs of services provided by agent and shall file a copy of agreement regarding those costs exec by the State and Postlehwaite with Court w/in 30 days of execution... ( signed by Judge Frank J. Polozola ), issued notices. (rgm) (Entered: 05/15/1997) 05/16/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg, and to File Such Determinations Under Seal (USA will submit under seal documents when order is granted) (rgm) (Entered: 05/19/1997) 05/16/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg by LA State Police, LA Public Safety, State of Louisiana, USA, [64-2] joint motion to File Such Determinations Under Seal by LA State Police, LA Public Safety, State of Louisiana, USA (rgm) (Entered: 05/19/1997) 05/19/1997 Tele-conference held (rgm) (Entered: 05/23/1997) 05/22/ LETTER to FJP/Tara Lin re: requesting a tele status conf for week of 5/19/97 (rgm) (Entered: 05/23/1997) 05/22/ Minute entry: tele conf held before FJP and another one set for 7/10/97 9:00 before FJP ( signed by Judge Frank J. Polozola ),issued notices (rgm) (Entered: 05/23/1997)
10 05/22/ ORDER... set Telephone status Conference for 9:00 7/10/97 ( signed by Judge Frank J. Polozola ), issued notices. (rgm) (Entered: 05/23/1997) 05/22/ ORDER granting [64-2] joint motion to File Such Determinations Under Seal, Motion Hearing set for 9:00 7/16/97 for [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg, all determination letters shall be mailed, via certified mail, to claimants by 5/27/97 set Notice of Compliance deadline to 5/27/97, any objections claimants may have to any of the parties' final relief determinations must be served by mail upon the court, cnsl for the US, and cnsl for the State defts by 7/1/97... Response to Motion reset to 7/1/97 for [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg parties to this action may file written responses to any such objections with the court, if they so choose, not less than 3 days prior tot he scheduled date of the back-end fairness hrg... ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 05/23/1997) 05/27/ OBJECTION...Crockett...re: objection to the determination of ineligiblity for monetary relief (ph) (Entered: 05/29/1997) 06/02/ RESPONSE by Ronnie Lemelle in opposition to monetary relief determination (ph) (Entered: 06/02/1997) 06/02/ RESPONSE in opposition to monetary relief determination (ph) (Entered: 06/03/1997) 06/03/ RESPONSE in opposition to monetary relief determination (ph) (Entered: 06/04/1997) 06/03/ RESPONSE in opposition to monetary relief by Christopher A. Releford (ph) (Entered: 06/04/1997) 06/05/ RESPONSE in opposition "Objection to settlement" (ph) (Entered: 06/09/1997) 06/06/ RESPONSE by USA in support of [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg by LA State Police, LA Public Safety, State of Louisiana, USA SEALED DOC (ph) (Entered: 06/06/1997) 06/06/ SEALED DOCUMENT (ph) (Entered: 06/06/1997) 06/09/ RESPONSE by Ernest Nelson in opposition to determination letter (ph) (Entered: 06/10/1997) 06/11/ RESPONSE by Jeannette L. Scheu in opposition to "Objection
11 to Monetary Relief Determination" (ph) (Entered: 06/12/1997) 06/12/ LETTER To: Mr. Martin From: Patrick B. LaFleur Ref: Request of the court's permission to file an objection to the consent decree. (kdc) (Entered: 06/12/1997) 06/12/ RESPONSE by Andre' Purnell Bowman in opposition to Monetary Relief Determination (kdc) Modified on 06/13/1997 (Entered: 06/12/1997) 06/16/ RESPONSE by Orlando A. Battle in opposition to "objection to monetary relief determination" (ph) (Entered: 06/17/1997) 06/18/ RESPONSE by State of Louisiana, LA Public Safety, LA State Police in support of [63-1] order, [62-1] motion to appoint disbursement agent by LA State Police, LA Public Safety, State of Louisiana (ph) (Entered: 06/18/1997) 06/18/ RESPONSE in opposition to "objection to monetary relief determination" by Johnnie J. Henderson (ph) (Entered: 06/19/1997) 06/18/ RESPONSE in opposition by Ivory Scott "objection to monetary relief determination" (ph) (Entered: 06/19/1997) 06/20/ RESPONSE in opposition by Herbert Braggs "Objection to monetary relief determination" (ph) (Entered: 06/23/1997) 06/20/ RESPONSE in opposition by David O. Lewis "Objection to Monetary Relief Determination" (ph) (Entered: 06/23/1997) 06/23/ RESPONSE in opposition by Robert A. Christy to Monetary Relief Determination (ph) (Entered: 06/23/1997) 06/23/ RESPONSE in opposition by Corey Alfred "Obection to Monetary Relief Determination" (ph) (Entered: 06/23/1997) 06/23/ RESPONSE in opposition by Robert A. Christy, Jr "Objection to Monetary Relief Determination" (ph) (Entered: 06/24/1997) 06/25/ RESPONSE in opposition by Tony B. Alexander..."Objection to Monetary Relief Determination" (ph) (Entered: 07/03/1997) 06/27/ RESPONSE in opposition to objection to monetary relief determination...roger L. Young (ph) Modified on 06/27/1997 (Entered: 06/27/1997) 06/27/ RESPONSE in opposition...objection to monetary relief determination/w.j. Green (ph) (Entered: 06/27/1997) 06/30/ RESPONSE in opposition by Carl A. Booker "Objection to
12 Monetary Relief Determination" (ph) (Entered: 07/01/1997) 06/30/ RESPONSE in opposition by Roger L. Young "Objection to Monetary Relief Determination" (ph) (Entered: 07/01/1997) 07/01/ RESPONSE in opposition by Angelia D. Bellard "Objection to Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/01/ RESPONSE in opposition by Lucius Lee Simmons "Objection To Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/01/ RESPONSE in opposition by Jeffery Jerome Bailey "Objection to Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/01/ RESPONSE in opposition by Damon Jevan Scott "Objection to Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/01/ RESPONSE in opposition by Mike Williams "Objection to Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/01/ RESPONSE in opposition by Freddie L. Vincent Jr "Objection to Monetary Relief Determination" (ph) (Entered: 07/02/1997) 07/02/ RESPONSE in opposition by Henry B. Dickens "objection to monetary relief determination" (ph) (Entered: 07/02/1997) 07/03/ RESPONSE in opposition by Albert J. Bell, Jr. to "monetary relief determination" (pah) (Entered: 07/07/1997) 07/03/ RESPONSE in opposition by Darrell Foy to "monetary relief determination" (pah) (Entered: 07/07/1997) 07/07/ RESPONSE by Heurick E. Roberts in opposition to "monetary relief determination" (pah) (Entered: 07/07/1997) 07/10/ Minute entry: tele status conf held this date... ( signed by Judge Frank J. Polozola ),issued notices (rgm) (Entered: 07/10/1997) 07/10/1997 Tele-conference held (rgm) (Entered: 07/10/1997) 07/10/ RESPONSE by Pamela Roberson in opposition to "Monetary Relief Determination" (rgm) (Entered: 07/11/1997) 07/11/ Minute entry:..tele status conf held before FJP... ( signed by Judge Frank J. Polozola ) (rgm) (Entered: 07/11/1997) 07/11/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police to File Revised Final Relief Determinations Under Seal (rgm) (Entered: 07/14/1997) 07/11/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [108-1] joint motion to
13 File Revised Final Relief Determinations Under Seal by LA State Police, LA Public Safety, State of Louisiana, USA (rgm) (Entered: 07/14/1997) 07/11/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police to Amend Paragraph 64 of the Consent Decree (rgm) (Entered: 07/14/1997) 07/11/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [110-1] joint motion to Amend Paragraph 64 of the Consent Decree by LA State Police, LA Public Safety, State of Louisiana, USA (rgm) (Entered: 07/14/1997) 07/11/ SUPPLEMENTAL MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg by LA State Police, LA Public Safety, State of Louisiana, USA (rgm) (Entered: 07/14/1997) 07/11/ EXHIBIT(S) to the Joint Suppl Memo in Support of Joint Mot for Approval of Partis' Final Relief Determinations and Responses to the Objections of Individual Claimants to the parties' Relief Determination (rgm) (Entered: 07/14/1997) 07/16/ ORDER granting [108-1] joint motion to File Revised Final Relief Determinations Under Seal...parties may file their final relief determinations under seal ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 07/16/1997) 07/16/ ORDER granting [110-1] joint motion to Amend Paragraph 64 of the Consent Decree, w/in 75 days of the Courts final ruling concerning the final remedial relief determinations: Defts shall provide the remedial seniority and pension credit due the claimant (Final order #116) set Notice of Compliance deadline to 10/3/97 ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 07/16/1997) 07/16/ ORDER granting [64-1] joint motion For Approval of the Parties' Final Determinations, A Back-End Fairness Hrg...attachments sealed ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 07/30/1997) 07/17/ LETTER/Sullivan to Clerk...re: late notice of time period for objection...would like to be included as claimant (ph) (Entered: 07/18/1997) 07/17/ RESPONSE in opposition "objection to monetary relief
14 determination" (ph) (Entered: 07/18/1997) 07/25/ RESPONSE by USA, State of Louisiana, LA Public Safety, LA State Police in opposition to [116-1] letter -Objections of Arvell Sullivan and Request for order that no furter obj be accepted for filing (rgm) Modified on 07/30/1997 (Entered: 07/28/1997) 07/30/ ORDER denying [116-1] Arvell Sullivan's objection as untimely...clerk of Court shall not accept for filing any further objection in this case, as the deadline for filing objections has passed ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 07/30/1997) 08/14/ LETTER/Lin to Moore...re: claim "Cathy Moore" (ph) (Entered: 08/15/1997) 08/15/ NOTICE OF APPEAL by Poslethwaite & Nettl... from the judgment entered 7/16/97. FILING FEE $ RECEIPT # Appeal record due on 9/14/97 (hcj) (Entered: 08/18/1997) 08/15/ MOTION by Albert J Bell to Proceed in Forma Pauperis on appeal (hcj) (Entered: 08/18/1997) 08/19/ TRANSCRIPT filed for dates of 7/16/97 (ph) (Entered: 08/19/1997) 08/19/ ORDER denying [123-1] plas motion to Proceed in Forma Pauperis...appeal is frivolous ( signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 08/20/1997) 08/28/1997 Notice of Appeal and certified copy of docket to USCA: [122-1] appeal by Poslethwaite & Nettl (hcj) (Entered: 08/28/1997) 09/15/1997 USCA Case Number Re: [122-1] appeal by Poslethwaite & Nettl USCA NUMBER: (hcj) (Entered: 09/15/1997) 09/19/ NOTICE of Trustee's claim of interest by Michael A Stevenson (eh) (Entered: 09/19/1997) 09/24/ JOINT MOTION by State of Louisiana to Stay of Monetary Relief distribution pending appeal filed by Non-Party Albert Bell (ph) (Entered: 09/24/1997) 09/24/ MEMORANDUM by USA, State of Louisiana in support of [127-1] joint motion to Stay of Monetary Relief distribution pending appeal filed by Non-Party Albert Bell by State of Louisiana (ph) (Entered: 09/24/1997) 09/25/ ORDER granting [127-1] joint motion to Stay of Monetary Relief distribution pending appeal filed by Non-Party Albert
15 Bell. If the appellate court dismisses or otherwise denies Albert BEll's appeal from this Court's 7/16/97, Final order on Individual relief denying his objection concerning his relief determination and ruling that Mr. Bell is not entitle to monetary relief under Consent Decree in this case, dfts shall distribute the settlement funds w/in 30 days of the entry of the appellate court's order. ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 09/25/1997) 10/03/1997 Transcript requested [122-1] appeal by Poslethwaite & Nettl (hcj) (Entered: 10/03/1997) 10/03/ MOTION by Albert J Bell to request Transcript at government expense (hcj) (Entered: 10/03/1997) 10/08/ ORDER... Before the Court can determine whether the affidavit is entitled t proceed as a pauper, the appellant must complete and file with the Court not later that 10/22/97... set Notice of Compliance deadline to 10/22/97 ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 10/09/1997) 10/22/ MOTION by Albert J Bell to Proceed in Forma Pauperis and Statement of Account (ph) Modified on 10/22/1997 (Entered: 10/22/1997) 10/30/ ORDER... the appellant Albert J. Bell shall complete and file wit the Court not later than 11/20/97, the attached Financial Affidavit Personal Financial Data Form set Notice of Compliance deadline to 11/20/97 ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 10/30/1997) 11/21/ MOTION by Albert J Bell to Proceed in Forma Pauperis (ph) (Entered: 11/21/1997) 12/10/ ORDER granting [134-1] motion to Proceed in Forma Pauperis, ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/10/1997) 12/10/ CERTIFICATE OF APPEALABILITY... a substantial showing of the denial of a constitutional right has not been made, petitioner's motion for certificate of appeality is denied for the following reason: Albert J. Bell does not have standing to file the appeal and furhter the appeal if frivolous. ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/10/1997) 12/16/ AMENDED CERTIFICATE OF APPEALABILITY...a substantial showing of the denial of a constitutional right has not been made, petitioner's motion for certificate of
16 appealability is denied for the following reasons: Albert Bell does no t have standing to appeal and further that the appeal is frivolous. ( signed by Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/16/1997) 12/18/1997 USCA Case Number Re: [122-1] appeal by Poslethwaite & Nettl USCA NUMBER: (hcj) (Entered: 12/18/1997) 01/05/1998 Certified and transmitted Record on Appeal to U.S. Court of Appeals: [122-1] appeal by Poslethwaite & Nettl (hcj) (Entered: 01/05/1998) 01/05/ ORDER entered by USCA The joint motion of appellees to dismis the appeal is granted. TH emotion of appellant to intervene is denied. (hcj) (Entered: 01/05/1998) 01/09/ JOINT MOTION by USA, State of Louisiana, LA Public Safety, LA State Police to Extend Time to Distribute Settlement Funds (rgm) (Entered: 01/09/1998) 01/09/ MEMORANDUM by USA, State of Louisiana, LA Public Safety, LA State Police in support of [139-1] joint motion to Extend Time to Distribute Settlement Funds by LA State Police, LA Public Safety, State of Louisiana, USA (rgm) (Entered: 01/09/1998) 01/12/ ORDER granting [139-1] joint motion to Extend Time to Distribute Settlement Funds, set Notice of Compliance deadline to 2/16/98 ( signed by Judge Frank J. Polozola ), issued notices. (elp) (Entered: 01/12/1998) 01/16/ MANDATE OF USCA (certified copy) Re: [122-1] appeal by Poslethwaite & Nettl Decision of COA: The jopint motion of appellees to dismiss the appeal is granted. The motion of appellant to intervene is denied. (hcj) (Entered: 01/16/1998) 01/16/1998 Record on Appeal returned from U.S. Court of Appeals: [122-1] appeal (hcj) (Entered: 01/16/1998) 01/21/ MOTION by State of Louisiana, LA Public Safety, LA State Police to Withdraw deposited funds (ph) (Entered: 01/21/1998) 01/22/ ORDER granting [143-1] movants motion to Withdraw deposited funds...clerk of Court w/draw all funds previously deposited and invested in the registry of the Court and all interest accrued thereon, and issue a check for those funds, plus all accrued interest, less the assessment fee for the administration of the funds, payable to "Consent Decree No B 1 Settlement Fund, c/o Postlethwaite & Netterville,
17 APAC" to Postlethwaite & Netterville no later than 2/10/98...clerk of court deliver the check by hand to Ralph Stephens of Postlethwaite 7 Netterville and that the Clerk notify Mr. Stephens by telephone when the check for the funds is available to be picked up in Baton Rouge signed by Judge Frank J. Polozola ), issued notices. (ph) (Entered: 01/22/1998) 03/04/ RESPONSE by State of Louisiana, LA Public Safety, LA State Police in support of [141-1] order set Notice of Compliance deadline to 2/16/98 "Notice of Compliance" (ph) (Entered: 03/05/1998) 03/04/ MOTION by State of Louisiana, LA Public Safety, LA State Police to submit monetary pay out records under seal (ph) (Entered: 03/05/1998) 03/04/1998 holding monetary pay out records for leave to file under seal (ph) (Entered: 03/05/1998) 03/09/ ORDER granting [146-1] motion to submit monetary pay out records under seal by LA State Police, LA Public Safety, State of Louisiana ( signed by Judge Frank J. Polozola ), issued notices. (elp) (Entered: 03/09/1998) 03/09/ SEALED DOCUMENT...Monetary Pay Out Records (elp) (Entered: 03/10/1998) 03/09/1998 Case closed...per David Mese... (elp) (Entered: 10/13/1999)
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