This case was last updated from PACER on 06/05/2016 at 02:10:02 (UTC).

Whitmore v. Cain et al

Case Summary

On 01/02/2014 Whitmore filed a Civil Right - Other Civil Right lawsuit against Cain. This case was filed in U.S. District Courts, Louisiana Middle District. The Judges overseeing this case are Judge John W. deGravelles and Magistrate Judge Richard L. Bourgeois, Jr. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:14-CV-00004

  • Filing Date:

    01/02/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    U.S. District Courts

  • Courthouse:

    Louisiana Middle District

Judge Details

Judge

Judge John W. deGravelles

Referral Judge

Magistrate Judge Richard L. Bourgeois, Jr

 

Party Details

Plaintiff

Kenny Whitmore

Defendants

Paul J. Myers

James M. LeBlanc

Darrell Vannoy

Unknown Does 1 - 15

Robert Rachel

Sam Smith

Richard Peabody

Joe Lamartiniere

Susan Fairchild

Tom Norris

Unknown Honeycutt

Cathy Fontenot

Richard Stalder

Randy Ritchie

N. Burl Cain

Attorney/Law Firm Details

Plaintiff Attorneys

David N Luder

Attorney at Barrasso Usdin Kupperman Freeman & Sarver

909 Poydras Street, 24Th Floor

New Orleans, LA 70112

Jaclyn Elizabeth Hickman

Attorney at Liskow & Lewis

701 Poydras St., Suite 5000

New Orleans, LA 70139

Rose Murray

Attorney at Jones, Swanson, Huddell & Garrison LLC

601 Poydras Street, Suite 2655

New Orleans, LA 70130

Sarah Leslie Rubin

Attorney at Barrasso Usdin Kupperman Freeman & Sarver LLC

909 Poydras Street, 24Th Floor

New Orleans, LA 70112

Michelle Marie Rutherford

Attorney at Dechert LLP

633 West 5Th Street, 37Th Floor

Los Angeles, CA 90071

Erica A Therio

Attorney at Barrasso Usdin Kupperman Freeman and Sarver

909 Poydras St., 24Th Floor

New Orleans, LA 70112

Richard E. Sarver

Attorney at Barrasso Usdin Kupperman Freeman & Sarver LLC - NO

909 Poydras Street, Suite 2400

New Orleans, LA 70112

Defendant Attorneys

Michael Brent Hicks

Attorney at McGlinchey Stafford- B.R.

One American Place, 301 Main Street, 14Th Floor

Baton Rouge, LA 70801

Richard A. Curry

Attorney at McGlinchey Stafford- B.R.

One American Place, 301 Main Street, 14Th Floor

Baton Rouge, LA 70801

Matthew James Davis

Attorney at Law Offices of Keith S. Giardina

9100 Bluebonnet Centre Boulevard, Suite 300

Baton Rouge, LA 70809

Zelma M. Frederick

Attorney at McGlinchey Stafford- B.R.

One American Place, 301 Main Street, 14Th Floor

Baton Rouge, LA 70825

 

Court Documents

#1

(#1) COMPLAINT against N. Burl Cain, James M. LeBlanc, Darrell Vannoy, filed by Kenny Whitmore. (Attachments: # 1 Attachment)(CGP) (Entered: 01/03/2014)

#2

(#2) MOTION to Proceed In Forma Pauperis with Statement of Account by Kenny Whitmore. (CGP) (Entered: 01/03/2014)

#3

(#3) ORDER granting 2 Motion to Proceed In Forma Pauperis. It is ordered that the plaintiff pay an initial partial filing fee of $58.90 in accordance with 28 USC 1915. A copy of this order shall be sent to the plaintiff and to Centralized Inmate Banking. Filing Fee due by 3/6/2014. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 2/11/2014. (SMG) (Entered: 02/11/2014)

#4

(#4) ORDER: USM is to serve the defendants wherever found. Within 90 days of the defendants' first appearance, the parties shall complete all discovery. Counsel for defendants shall provide to the plaintiff all medical records, etc. pertinent to the issues in this case, within 20 days of the defendants' first appearance. Discovery shall proceed as stated herein. Within 120 days of the defendant's first appearance, the parties shall file cross motions for summary judgment. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 3/5/2014. (SMG) (Entered: 03/05/2014)

#5

(#5) Summons Issued as to N. Burl Cain, James M. LeBlanc, Darrell Vannoy. (Summons submitted to USM for service.) (SMG) (Main Document 5 replaced on 3/6/2014) (SMG). (Entered: 03/05/2014)

#6

(#6) MOTION to Enroll as Additional Attorney Michelle M. Rutherford, David N. Luder, Sarah L. Rubin, Erica A. Therio by Kenny Whitmore. (Attachments: # 1 Proposed Pleading; Order)(Luder, David) (Entered: 03/21/2014)

#7

(#7) ORDER granting 6 Motion to Enroll Counsel of Record. Added attorney Michelle Marie Rutherford, Sarah Leslie Rubin, David N. Luder and Erica A Therio for Kenny Whitmore. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 3/24/2014. (LLH) (Entered: 03/24/2014)

#8

(#8) AMENDED COMPLAINT against All Defendants, filed by Kenny Whitmore. (Attachments: # 1 Exhibit A, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Rutherford, Michelle) (Entered: 05/14/2014)

#9

(#9) Summons Issued as to N. Burl Cain, James M. LeBlanc, Darrell Vannoy, Cathy Fontenot, Unknown Honeycutt, Joe Lamartiniere, Paul J. Myers, Randy Ritchie, Richard L. Stalder, Richard Peabody, Robert Rachel, Sam Smith, Susan Fairchild, Tom Norris. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 05/15/2014)

#98

(#98) FINAL JUDGMENT OF DISMISSAL: The Stipulation for Dismissal with Prejudice is accepted, and this action and all claims asserted by Kenny Whitmore in this action are finally dismissed, with prejudice. Signed by Judge John W. deGravelles on 11/19/2015. (BCL) (Entered: 11/19/2015)

#97

(#97) MOTION/STIPULATION for Dismissal with Prejudice Under Rule 41(a)(1)(A)(ii) by KennyWhitmore and by N. Burl Cain, Cathy Fontenot, Joe Lamartiniere, James M. LeBlanc, Richard Peabody, Darrell Vannoy. (Attachments: # 1 Proposed Pleading; Final Judgment)(Curry, Richard) Modified on 11/18/2015 to edit text (ELW). (Entered: 11/17/2015)

#96

(#96) NOTICE of Deposition of Kenneth Whitmore (Hicks, Michael) Modified on 10/8/2015 to edit text (ELW). (Entered: 10/08/2015)

#95

(#95) SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery due by 2/2/2016. Plaintiff`s Expert Witness List due by 11/20/2015. Defendant`s Expert Witness List due by 12/4/2015. Plaintiff`s Expert Reports due by 2/12/2016. Defendant`s Expert Reports due by 2/26/2016. Discovery from Experts due by 4/1/2016. Motions shall be filed by 5/6/2016. Proposed Pretrial Order due by 7/14/2016. Pretrial Conference set for 7/28/2016 at 11:00 AM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 8/5/2016. Responses to Motions In Limine shall be filed by 8/19/2016. Affidavit of Settlement Efforts due by 7/21/2016. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 8/26/2016. Status Conference set for 9/6/2016 at 08:30 AM in chambers before Judge John W. deGravelles. Jury Trial set for 9/6/2016 - 9/9/2016 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/7/2015. (BCL) (Entered: 10/07/2015)

#94

(#94) NOTICE of Deposition of Darrel Vannoy (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

#93

(#93) NOTICE of Deposition of Joe Lamartiniere (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

#92

(#92) NOTICE of Deposition of Richard Peabody (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

#91

(#91) NOTICE of Deposition of N. Burl Cain (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

#90

(#90) OPINION Adopting the 70 Report and Recommendation of the U.S. Magistrate Judge. The 57 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's claims prior to 7/19/2012, are prescribed and DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendant Richard Stalder are prescribed and DISMISSED WITH PREJUDICE. In all other respects, Defendants' motion is DENIED. Signed by Judge John W. deGravelles on 8/24/2015. (LLH) (Entered: 08/24/2015)

86 More Documents Available

 

Docket Entries

  • 11/19/2015
  • View Court Documents
  • (#98) FINAL JUDGMENT OF DISMISSAL: The Stipulation for Dismissal with Prejudice is accepted, and this action and all claims asserted by Kenny Whitmore in this action are finally dismissed, with prejudice. Signed by Judge John W. deGravelles on 11/19/2015. (BCL) (Entered: 11/19/2015)

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  • 11/17/2015
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  • (#97) MOTION/STIPULATION for Dismissal with Prejudice Under Rule 41(a)(1)(A)(ii) by KennyWhitmore and by N. Burl Cain, Cathy Fontenot, Joe Lamartiniere, James M. LeBlanc, Richard Peabody, Darrell Vannoy. (Attachments: # 1 Proposed Pleading; Final Judgment)(Curry, Richard) Modified on 11/18/2015 to edit text (ELW). (Entered: 11/17/2015)

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  • 10/08/2015
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  • (#96) NOTICE of Deposition of Kenneth Whitmore (Hicks, Michael) Modified on 10/8/2015 to edit text (ELW). (Entered: 10/08/2015)

    Read MoreRead Less
  • 10/07/2015
  • View Court Documents
  • (#95) SCHEDULING ORDER: In accordance with FRCP 16(b), the following discovery deadlines are established. Discovery due by 2/2/2016. Plaintiff`s Expert Witness List due by 11/20/2015. Defendant`s Expert Witness List due by 12/4/2015. Plaintiff`s Expert Reports due by 2/12/2016. Defendant`s Expert Reports due by 2/26/2016. Discovery from Experts due by 4/1/2016. Motions shall be filed by 5/6/2016. Proposed Pretrial Order due by 7/14/2016. Pretrial Conference set for 7/28/2016 at 11:00 AM in chambers before Judge John W. deGravelles. Motions In Limine shall be filed by 8/5/2016. Responses to Motions In Limine shall be filed by 8/19/2016. Affidavit of Settlement Efforts due by 7/21/2016. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 8/26/2016. Status Conference set for 9/6/2016 at 08:30 AM in chambers before Judge John W. deGravelles. Jury Trial set for 9/6/2016 - 9/9/2016 at 09:00 AM in Courtroom 1 before Judge John W. deGravelles. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 10/7/2015. (BCL) (Entered: 10/07/2015)

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  • 10/06/2015
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  • (#94) NOTICE of Deposition of Darrel Vannoy (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

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  • 10/06/2015
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  • (#93) NOTICE of Deposition of Joe Lamartiniere (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

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  • 10/06/2015
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  • (#92) NOTICE of Deposition of Richard Peabody (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

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  • 10/06/2015
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  • (#91) NOTICE of Deposition of N. Burl Cain (Rutherford, Michelle) Modified on 10/7/2015 to edit text (ELW). (Entered: 10/06/2015)

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  • 08/24/2015
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  • (#90) OPINION Adopting the 70 Report and Recommendation of the U.S. Magistrate Judge. The 57 Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's claims prior to 7/19/2012, are prescribed and DISMISSED WITH PREJUDICE. Plaintiff's claims against Defendant Richard Stalder are prescribed and DISMISSED WITH PREJUDICE. In all other respects, Defendants' motion is DENIED. Signed by Judge John W. deGravelles on 8/24/2015. (LLH) (Entered: 08/24/2015)

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  • 08/21/2015
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  • (#89) RESPONSE to Objection to 84 Magistrate's REPORT AND RECOMMENDATIONS filed by N. Burl Cain, Cathy Fontenot, Joe Lamartiniere, James M. LeBlanc, Richard Peabody, Richard Stalder, Darrell Vannoy. (Curry, Richard) Modified to edit text on 8/21/2015 (SGO). Modified on 9/1/2015 to edit text (JDL). (Entered: 08/21/2015)

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78 More Docket Entries
  • 05/30/2014
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  • (#10) SUMMONS Returned Executed by Kenny Whitmore. James M. LeBlanc served on 5/23/2014, answer due 6/13/2014. (Rutherford, Michelle) (Entered: 05/30/2014)

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  • 05/15/2014
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  • (#9) Summons Issued as to N. Burl Cain, James M. LeBlanc, Darrell Vannoy, Cathy Fontenot, Unknown Honeycutt, Joe Lamartiniere, Paul J. Myers, Randy Ritchie, Richard L. Stalder, Richard Peabody, Robert Rachel, Sam Smith, Susan Fairchild, Tom Norris. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (SMG) (Entered: 05/15/2014)

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  • 05/14/2014
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  • (#8) AMENDED COMPLAINT against All Defendants, filed by Kenny Whitmore. (Attachments: # 1 Exhibit A, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Rutherford, Michelle) (Entered: 05/14/2014)

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  • 03/24/2014
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  • (#7) ORDER granting 6 Motion to Enroll Counsel of Record. Added attorney Michelle Marie Rutherford, Sarah Leslie Rubin, David N. Luder and Erica A Therio for Kenny Whitmore. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 3/24/2014. (LLH) (Entered: 03/24/2014)

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  • 03/21/2014
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  • (#6) MOTION to Enroll as Additional Attorney Michelle M. Rutherford, David N. Luder, Sarah L. Rubin, Erica A. Therio by Kenny Whitmore. (Attachments: # 1 Proposed Pleading; Order)(Luder, David) (Entered: 03/21/2014)

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  • 03/05/2014
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  • (#5) Summons Issued as to N. Burl Cain, James M. LeBlanc, Darrell Vannoy. (Summons submitted to USM for service.) (SMG) (Main Document 5 replaced on 3/6/2014) (SMG). (Entered: 03/05/2014)

    Read MoreRead Less
  • 03/05/2014
  • View Court Documents
  • (#4) ORDER: USM is to serve the defendants wherever found. Within 90 days of the defendants' first appearance, the parties shall complete all discovery. Counsel for defendants shall provide to the plaintiff all medical records, etc. pertinent to the issues in this case, within 20 days of the defendants' first appearance. Discovery shall proceed as stated herein. Within 120 days of the defendant's first appearance, the parties shall file cross motions for summary judgment. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 3/5/2014. (SMG) (Entered: 03/05/2014)

    Read MoreRead Less
  • 02/11/2014
  • View Court Documents
  • (#3) ORDER granting 2 Motion to Proceed In Forma Pauperis. It is ordered that the plaintiff pay an initial partial filing fee of $58.90 in accordance with 28 USC 1915. A copy of this order shall be sent to the plaintiff and to Centralized Inmate Banking. Filing Fee due by 3/6/2014. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 2/11/2014. (SMG) (Entered: 02/11/2014)

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  • 01/03/2014
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  • (#2) MOTION to Proceed In Forma Pauperis with Statement of Account by Kenny Whitmore. (CGP) (Entered: 01/03/2014)

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  • 01/02/2014
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  • (#1) COMPLAINT against N. Burl Cain, James M. LeBlanc, Darrell Vannoy, filed by Kenny Whitmore. (Attachments: # 1 Attachment)(CGP) (Entered: 01/03/2014)

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