UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Transcription

1 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for themselves and all other persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW 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, EX PARTE MOTION TO EXTEND DISCOVERY DEADLINE NOW INTO COURT, through undersigned counsel, comes Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State ( Schedler ), who moves for an extension of the discovery deadline of July 12, 2012 until August 1, 2012, and moves ex parte for an Order granting such extension, for the following reasons: complete. 1. The discovery deadline is set to end today, July 12, However, discovery is not 2. The completion of discovery has been obstructed by actions of counsel for plaintiff -1-

2 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 2 of 6 occurring at the Rule 30(b)(6) deposition of the Louisiana State Conference of the NAACP, held on June 6 and 7, 2012, and at the deposition of Luther Scott, Jr. On May 10, See pending Motion To Compel (Doc 248) filed before the magistrate judge. 3. At the Rule 30(b)(6) deposition, plaintiff was obligated to produce a witness to testify regarding budgets and plaintiff defaulted on this obligation when the witness produced on that matter had no knowledge of budgets, a crucial matter on the issue of plaintiff s standing 1 and, in particular, the veracity of the Declaration of Charles Taylor (Doc 168-8). 4. The plaintiff has only as of late offered to produce another witness under their Rule 30(b)(6) obligation for the depositions scheduled and held in June, and that deposition is set for today, the last day of discovery. 5. As a result of the first witness designated to have knowledge of budgets not having any knowledge, Schedler propounded a discovery request for production on June 22, Schedler has also subpoenaed those same records for today s deposition, and despite having the subpoena for 9 days, plaintiff moved at the close of business the day before the deposition to quash the subpoena. (Doc 257) That motion is also pending before the 1 This declarant incorrectly designated as Charles Taylor. Should be Edward Taylor, III. -2-

3 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 3 of 6 magistrate judge. 7. Schedler notes that the discovery on the standing issue was allowed by the Court on a Rule 56(d) motion (Doc 195) to allow such discovery in order to allow Schedler time to oppose the motions for summary judgment, particularly on the jurisdictional issue of standing (Doc 209). 8. Accordingly, Schedler requests that the discovery deadline in this matter be extended until August 1, 2012, to allow sufficient time to complete discovery on the issue of standing of plaintiff, the Louisiana State Conference of the NAACP. 9. The above represents this motion as originally filed on July 12, 2012, which motion must be refiled in its entirety per Notice of Deficient Document dated July 12, 2012 (No document number). However, the original filing was deemed deficient as statements stating objection or no objection by opposing party not provided. 10. All parties were subsequently contacted. The other defendants do not oppose this motion. The plaintiffs do oppose this motion. 11. Subsequent to the original filing, other circumstances have occurred relevant to the -3-

4 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 4 of 6 request and are therefore related herein. 12. The motion to quash referenced in paragraph 6 above was granted by the magistrate judge (Doc 266). 13. At the continued Rule 30(b)(6) deposition of the Louisiana State Conference of the NAACP held on July 12, 2012, the witness (the second witness offered by the party to testify regarding budgets, a crucial matter relative to the standing issue and the veracity of the declaration of Edward W. Taylor, III (Doc and Doc 185-1)) stated at the deposition: Q. You don t know about the budget; do you? A. No ma am. (Deposition of Charles Heckard, Continued Rule 30(b)(6) deposition of Louisiana State Conference of the NAACP, held on July 12, 2012, p. 44, lines 8-10) 14. As a result of this continuing default of plaintiff s Rule 30(b)(6) obligation, Schedler will file another motion for sanctions and alternative motion to compel and for sanctions to be considered by the magistrate judge. 15. Plaintiffs should not be allowed to profit from a discovery default occurring on the last date of the scheduled discovery. -4-

5 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 5 of 6 herein. 16. Accordingly, Schedler requests that the discovery cut off be extended as requested WHEREFORE, Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State, prays that this Court grant Ex Parte Motion To Extend Discovery Deadline and that the discovery deadline be extended to August 1, Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No Government Street, Suite 101 P.O. Box 3036 Baton Rouge, LA Telephone: (225) Facsimile: (225) celiacan@bellsouth.net s/carey T. Jones CAREY T. JONES Bar Roll No Vincent Road P.O. Box 700 Denham Springs, LA Telephone: (225) Facsimile: (225) tjones@tomjoneslaw.com Attorney for Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State -5-

6 Case 2:11-cv JTM-JCW Document 267 Filed 07/16/12 Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Ex Parte Motion To Extend Discovery Deadline was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson (cabral2@aol.com) 710 Poydras Street, Suite 4100 New Orleans, LA Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) th 737 ½ 8 Street SE Washington, DC Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Department of Health & Hospitals Bureau of Legal Services Bienville Blvd. th 628 N. 4 Street Baton Rouge, LA Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 Baton Rouge, LA th Baton Rouge, Louisiana, this 16 day of July, Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Baton Rouge, LA s/celia R. Cangelosi CELIA R. CANGELOSI -6-

7 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for themselves and all other persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW 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, MEMORANDUM IN SUPPORT OF EX PARTE MOTION TO EXTEND DISCOVERY DEADLINE MAY IT PLEASE THE COURT: Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State ( Schedler ), filed Ex Parte Motion To Extend Discovery Deadline (Doc 262) on July 12, That motion was deemed deficient inasmuch as the objection or agreement of other parties was not included. See Notice of Deficient Document dated July 12, (No document number.) Schedler subsequently contacted the other parties. None of the defendants object to the requested extension of the discovery deadline. Plaintiffs do object. The discovery deadline was set to end on July 12, 2012, the day Doc 262 was filed. However, discovery was not then complete. The completion of discovery had been -1-

8 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 2 of 5 obstructed by actions of counsel for plaintiff occurring at the Rule 30(b)(6) deposition of the Louisiana State Conference of the NAACP, held on June 6 and 7, 2012, and at the deposition of Luther Scott, Jr., on May 10, See pending Motion To Compel (Doc 248) filed before the magistrate judge. At the Rule 30(b)(6) deposition, plaintiff was obligated to produce a witness to testify regarding budgets and plaintiff defaulted on that obligation when the witness produced on that matter had no knowledge of budgets, a crucial matter on the issue of plaintiff s standing and, in particular, the veracity of the Declaration of Edward W. Taylor, III (Doc 168-8). (The motion originally filed incorrectly designated the declarant as Charles Taylor.) The plaintiff then only as of late offered to produce another witness under their Rule 30(b)(6) obligation for the depositions scheduled and held in June, and that deposition was set for July 12, 2012, the last day of discovery. As a result of the first witness designated to have knowledge of budgets not having any knowledge, Schedler propounded a discovery request for production on June 22, Schedler also subpoenaed those same records for the July 12, 2012 deposition, and despite having the subpoena for 9 days, plaintiff moved at the close of business the day before the deposition to quash the subpoena. (Doc 257) That motion was subsequently granted on July 13, 2012 by the magistrate judge. Schedler notes that the discovery on the standing issue was allowed by the Court on a Rule 56(d) motion (Doc 195) to allow such discovery in order to allow Schedler time to oppose the motions for summary judgment, particularly on the jurisdictional issue of standing -2-

9 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 3 of 5 (Doc 209). At the continued Rule 30(b)(6) deposition of the Louisiana State Conference of the NAACP held on July 12, 2012, the witness (the second witness offered by the party to testify regarding budgets, a crucial matter relative to the standing issue and the veracity of the declaration of Edward W. Taylor, III (Doc and Doc 185-1)) stated at the deposition: Q. You don t know about the budget; do you? A. No ma am. (Deposition of Charles Heckard, Continued Rule 30(b)(6) deposition of Louisiana State Conference of the NAACP, held on July 12, 2012, pp. 44, lines 8-10) As a result of this continuing default of plaintiff s Rule 30(b)(6) obligation, Schedler will file another rule for contempt and motion for sanctions to be considered by the magistrate judge. Accordingly, Schedler requests that the discovery deadline in this matter be extended until August 1, 2012, to allow sufficient time to complete discovery on the issue of standing of plaintiff, the Louisiana State Conference of the NAACP. Plaintiffs should not be allowed to profit from a discovery default occurring on the last date of the scheduled discovery. Accordingly, Schedler requests that the discovery cut off be extended as requested herein. Respectfully Submitted: s/celia R. Cangelosi CELIA R. CANGELOSI Bar Roll No Government Street, Suite 101 P.O. Box 3036 Baton Rouge, LA

10 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 4 of 5 Telephone: (225) Facsimile: (225) celiacan@bellsouth.net s/carey T. Jones CAREY T. JONES Bar Roll No Vincent Road P.O. Box 700 Denham Springs, LA Telephone: (225) Facsimile: (225) tjones@tomjoneslaw.com Attorney for Defendant, Tom Schedler, in his official capacity as Louisiana Secretary of State -4-

11 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 5 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Memorandum in Support of Ex Parte Motion To Extend Discovery Deadline was sent electronically or via U.S. First Class Mail, postage prepaid, to the following: Ronald L. Wilson (cabral2@aol.com) 710 Poydras Street, Suite 4100 New Orleans, LA Dale Ho (dho@naacpldf.org) Natasha Korgaonkar (nkorgaonkar@naacpldf.org) Ryan P. Haygood (rhaygood@naacpldf.org) 99 Hudson Street, Suite 1600 New York, NY Niyati Shah (nshah@projectvote.org) Michelle Rupp (mrupp@projectvote.org) Sarah Brannon (sbrannon@projectvote.org) th 737 ½ 8 Street SE Washington, DC Stephen R. Russo (stephen.russo@la.gov) David McCay (david.mccay@la.gov) Douglas L. Cade (douglas.cade@la.gov) Kimberly L. Humbles (kim.humbles@la.gov) Rebecca Claire Clement (rebecca.clement@la.gov) Department of Health & Hospitals Bureau of Legal Services Bienville Blvd. th 628 N. 4 Street Baton Rouge, LA Celia Alexander (celia.alexander@la.gov) Eboni Townsend (eboni.townsend@la.gov) Bureau of General Counsel Louisiana Department of Children and Family Services P.O. Box 1887 Baton Rouge, LA th Baton Rouge, Louisiana, this 16 day of July, Charles L. Dirks, III (charlie_dirks@excite.com) P.O. Box 2667 Baton Rouge, LA s/celia R. Cangelosi CELIA R. CANGELOSI -5-

12 Case 2:11-cv JTM-JCW Document Filed 07/16/12 Page 1 of 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROY FERRAND, LUTHER SCOTT, JR., and LOUISIANA STATE CONFERENCE OF THE NAACP, for themselves and all other persons similarly situated, CIVIL ACTION NO. 2: JTM - JCW 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, ORDER Considering the Ex Parte Motion To Extend Discovery Deadline : IT IS ORDERED that the discovery deadline in this matter is extended until August 1, 2012, to allow sufficient time to complete discovery on the issue of standing. New Orleans, Louisiana, this day of, Honorable Jane Triche-Milazzo