TIMELINE OF FILINGS AND EVENTS OF

BURNS v. LALB (PETITION FOR DAMAGES FOR VIOLATION OF LOUISIANA OPEN MEETINGS LAW REGARDING ADMINISTRATIVE HEARING OF 9/17/12)

Judge:  Fields

 


LALB ignoring explicitly-stated desire for deliberations of LALB v. Robert Burns to transpire
in open session rather than executive session.  Irrespective of Administrative Law Judge Michael Vallan,
who is employed as an attorney with LA Attorney General Buddy Caldwell's Office
 (the VERY agency responsible for KNOWING and enforcing LA's open meetings laws),
having provided guidance that the LALB could convene the executive session (in contradiction to
 
LA R. S. 42:17 (A)(1)), the LALB could NOT convene an executive session in direct defiance of Burns'
stated desire for his character discussions to take place in an open session
.

 

 

November 9, 2012: 

Lawsuit filed:  CLICK HERE for Burns v. LALB et. al. entailing Open Meetings Violation @ 9/17/12 LALB Administrative Hearing of LALB v. Burns.

 

January 14, 2013: 

Burns amends pleadings to reflect farce reset "deliberations" of 1/8/13 by LALB:  CLICK HERE for Amended Pleadings Reflecting Farce Reset "Deliberations" of LALB of 1/8/13.

 

January 22, 2013: 

Attorney Larry Bankston files answer on behalf of all defendants:  CLICK HERE for Answer to Petition and Amended Pleadings Filed by Defendants

 

January 23, 2013: 

Attorney Jenna H. Linn files Motion for Summary Judgment for Defendants:  CLICK HERE for Motion for Summary Judgment Filed for Defendants

 

January 23, 2013: 

Burns files Motion for Summary Judgment as Plaintiff Pro se:  CLICK HERE for Motion for Summary Judgment Filed by Plaintiff Pro se

 

February 23, 2013: 

Attorney Jenna H. Linn files Memo Opposing Burns' Motion for Summary Judgment:  CLICK HERE for Memo Opposing Burns' Motion for Summary Judgment

 

March 4, 2013: 

Burns files Memo Opposing Defendants' Motion for Summary Judgment:  CLICK HERE for Memo Opposing Defendants' Motion for Summary Judgment

 

 

March 22, 2013: 

Attorney Jenna H. Linn files last-second Summary Judgment Exhibits:  CLICK HERE for Summary Judgment Exhibits Filed by Defendants

 

 

March 25, 2013: 

Oral arguments posed for each Motion for Summary Judgment above.  Judge Fields denies both motions and relays that the Court will draft the judgment accordingly. 

 

April 11, 2013: 

Jenna Linn mails notice of deposition of Robert Burns on May 23, 2013 @ 2:00 p.m.  

 

April 17, 2013: 

Jenna Linn mails first request for Interrogatories and Requests for Admission of Facts to Robert Burns.

 

April 20, 2013: 

Robert Burns responds via mail to Jenna Linn's first request for Interrogatories and Requests for Admission of Facts to Robert Burns.

 

May 28, 2013: 

As a result of Jenna Linn relaying Burns' responses of April 20, 2013 are inadequate, a Rule 10.1 Status Conference is conducted on May 28, 2013.

 

June 20, 2013: 

Based on agreement reached through the Rule 10.1 Status Conference, Burns provides this supplement to the first response of April 20, 2013.

 

August 1, 2013: 

Burns files Proposed Judgment entailing denial of both sides' Motion for Summary Judgment argued on March 25, 2013.

 

 

August 6, 2013: 

Judge Fields signs Burns' Proposed Judgment.

 

 

September 17, 2013: 

Burns files Motion for Sanctions against Larry S. Bankston and an order to set the matter for trial by preference and in a summary manner pursuant to LA R. S. 42:27(B).

 

 

October 22, 2013: 

Jenna Linn files Motion to Compel Deposition of Robert Burns and Memorandum in Opposition to Motion for Sanctions filed by Burns. 

 

October 23, 2013: 

 

Judge Fields signs Burns' Motion for Status Conference and sets same for December 11 @ 9:30 a.m. and also signs Burns' Motion for Sanctions against Larry S. Bankston as well as Bankston's Motion to Compel and schedules the hearing for same on December 2, 2013 @ 9:30 a.m.

 

 

November 18, 2013: 

 

Burns files Memorandum Acquiescing to Deposition with the mere stipulation that he or Rev. Phillips be permitted to videotape the Deposition.

 

 

December 2, 2013: 

 

Hearing held on Burns' Sanctions Motion and Bankston's Motion to Compel with the result being Sanction DENIED, Compel GRANTED (videographer must be used for videotaping), Costs and Attorneys Fees of Motion to Compel DENIED.

 

December 11, 2013: 

 

Status conference conducted in Judge Fields' chambers.  Dates set:  Discovery Cutoff, March 6; Exchange of Inserts, March 13; Pre-Trial Order, March 20; Trial Briefs, April 3; Trial:  April 9, 2013 @ 10:00 a.m.

 

February 6, 2014: 

 

Deposition of Burns conducted in Bankston's Office.   CLICK HERE for video deposition.  For a copy of the transcript, CLICK HERE.

 

March 20, 2014: 

 

Burns files his portion of the Pre Trial Order.

 

 

March 25, 2014: 

 

Jenna Linn files Defendant's portion of pre-trial order.

 

 

March 26, 2014: 

 

Bankston files letter to Judge Fields claiming Burns didn't adhere to his case management schedule.

 

March 31, 2014: 

Burns files his trial brief.

 

April 9, 2014: 

Trial transpires.  CLICK HERE for a transcript of the trial.  Judge Fields rules that he is not convinced Burns' character was discussed during the executive session and also relays that the AG's Office having given a green light for such character discussion in executive session absolves LALB members of any liability.  Interesting enough, Darlene Jacobs-Levy provided testimony on the witness stand relaying that, despite the fact that an astounding 123 days had passed sine the Louisiana Office of Inspector General issued this damming report regarding payroll irregularities of LALB Administrative Assistant Sandy Edmonds, Ms. Jacobs-Levy testified she'd never heard of the report and had not seen it until presented with it on April 9, 2014 on the witness stand.  Ms. Jacobs-Levy had not been presented with or told about the report notwithstanding the fact that she is the TREASURER of the LALB!!  Ms. Steinkamp, while serving as a rebuttal witness on the stand, confirmed the fact that she had not ever mentioned the report to Ms. Jacobs-Levy or advised her of its very existence.

 

April 11, 2014: 

Jenna Linn provides proposed judgment to Burns who, in turn, immediately adds a paragraph supplying written reasons and submits same to Judge Fields (written reasons are required before an appeal can be lodged).

 

April 24, 2014: 

Anticipating Judge Fields will sign Ms. Linn's version of the two judgments (without the written reasons incorporated), upon learning that Judge Fields signed one of the two judgments on Tuesday, April 22, 2014, Burns files letter to Judge Fields requesting written reasons and supplies a convenience page espousing the reasons Burns heard uttered in court (not verbatim).

 

The anticipation on Burns' part proved correct as Judge Fields signed Ms. Linn's version of the judgment which was devoid of the reasons for judgment which had been incorporated into her judgment by Burns.

 

April 25, 2014: 

Not happy with Burns' filing of the day before, Bankston drafts letter to Judge Fields in opposition to Burns submission of the day before.

 

April 30, 2014: 

Burns sends and records letter to Judge Fields reiterating his desire for written reasons for judgment.

 

May 8, 2014: 

Judge Fields signs the Judgment Burns presented to him on April 11, 2014.

 

September 17, 2014:  Burns, through attorneys John Hopewell and Ryan Vivian, files appeal brief with the First Circuit Court of Appeal.

 

October 9, 2014:   LALB, through attorney Larry S. Bankston, files brief with the First Circuit Court of Appeal.

 

END RESULT

 

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