COOPER v. KLIEBERT

Civil Action Nos. 14-507-SDD-EWD, 15-751-SDD-RLB

BRANDON COOPER, LOUIS DAVENPORT, RON GATLIN, KENNY SWATT, STEPHEN ZERINGUE, and WILLIAM PITZER, on behalf of themselves and all other similarly situated individuals, v. KATHY KLIEBERT, Secretary of the Louisiana Department of Health and Hospitals, in her official capacity; and the LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS CONSOLIDATED WITH ADVOCACY CENTER and MONICA JACKSON v. KATHY KLIEBERT, Secretary of the Louisiana Department of Health and Hospitals, in her official capacity; and the LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS.

United States District Court, M.D. Louisiana.

July 18, 2016.


Attorney(s) appearing for the Case

Brandon Cooper, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Louis Davenport, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Ron Gatlin, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Kenny Swatt, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Stephen Zeringue, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

William Pitzer, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Advocacy Center, Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Monica Jackson, Plaintiff - Consolidated, represented by Ronald Kenneth Lospennato, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center, Kathryn Fernandez, Advocacy Center & Laura Lee Thornton, Advocacy Center.

Kathy Kliebert, Defendant, represented by James Garrison Evans, Louisiana Department of Justice, Stephanie Borghardt, Louisiana Department of Health and Hospitals, Jenna Germany Young, LA Dept of Health & Hospitals, Kimberly Lacour Sullivan, Louisiana Department of Health & Hospitals & Ryan Jude Romero, Louisiana Department of Health and Hospitals.

Louisiana Department of Health and Hospitals, Defendant, represented by James Garrison Evans, Louisiana Department of Justice, Stephanie Borghardt, Louisiana Department of Health and Hospitals, Jenna Germany Young, LA Dept of Health & Hospitals, Kimberly Lacour Sullivan, Louisiana Department of Health & Hospitals, Neal Risley Elliott, Jr. & Ryan Jude Romero, Louisiana Department of Health and Hospitals.

Correcthealth Jefferson, LLC, Material Witness, represented by Kyle P. Kirsch, McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch, LLC.

Tyrin Perkins, Intervenor Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Dominick Pernicaro, III, Intervenor Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Scott Frye, Intervenor Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

Ryan Kasami, Intervenor Plaintiff, represented by Laura Lee Thornton, Advocacy Center, Ronald Kenneth Lospennato, Advocacy Center, Concepcion Otero, Advocacy Center, Ellen Hahn, Advocacy Center, Eric Andrew Foley, MacArthur Justice Center, Katharine Murphy Schwartzmann, Roderick & Solange MacArthur Justice Center & Kathryn Fernandez, Advocacy Center.

NORTEC, LLC, Interested Party, represented by Benjamin Ascher Luke, Benjamin a. Luke, LLC.


RULING ON MOTION TO DISMISS2

Before the Court is Defendants' Motion to Dismiss Plaintiffs' Complaint brought on various Rule 12(b) grounds.3 Plaintiffs have filed an Opposition.4

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases