TIMELINE OF FILINGS AND EVENTS OF

REV. FREDDIE LEE PHILIPS & ROBERT EDWIN BURNS
 v. LALB (PETITION FOR DAMAGES FOR VIOLATION OF LOUISIANA OPEN MEETINGS LAW REGARDING REGULAR MEETING OF 1/8/13)

Judge:  Hernandez

 
Racist roll call of two LALB Members (James Sims & Greg Bordelon)  of 11/5/12
followed by dogmatic attempts to shut down Rev. Freddie Lee Phillips' efforts
 to discuss the matter at the next Board Meeting (1/8/13) and those same dogmatic efforts
 to shut down Robert Burns' attempts to discuss illegal per diem payments
 for 9/17/12 (which ultimately had to be refunded back to the LALB as they were indeed
deemed illegal by Gov. Jindal's Office in violating Jindal Executive Order 12-20.)
The preceding video led to the litigation contained below.

March 6, 2013: 

Lawsuit filed:  CLICK HERE for Philips and Burns v. LALB et. al. Regarding Jan. 8 2013 Open Meetings Violation

June 4, 2013: 

Judge Hernandez signs Dilatory Exception filed by Defendants setting a hearing date of Monday, July 22, 2013 @ 9:30 a.m.

July 9, 2013: 

Burns and Phillips file Memorandum in Opposition to Dilatory Exception

July 22, 2013: 

Oral arguments posed before Judge Hernandez, who indicated he was taking the matter under advisement and would issue his ruling at a later date.

August 28, 2013: 

Judge Hernandez issues this ruling DENYING the Motion to Strike and sustaining the Dilatory Exception with an accompanying Order that Plaintiffs amend the petition to conform with CCP Article 854.

September 26, 2013: 

Judge Hernandez signs judgment granting Plaintiffs 30 days from September 26, 2013 to amend pleadings to conform with LA CCP 854.

October 24, 2013: 

Burns and Phillips file Amended Pleadings.

November 7, 2013: 

Jenna Linn files a second Dilatory Exception and Motion to Strike saying amended pleadings filed by Burns and Phillips still fail to comply.  A hearing date is set for February 3, 2014

January 13, 2014: 

Burns and Phillips file another Memorandum in Opposition to Dilatory Exception.

February 3, 2014: 

Oral arguments posed before Judge Hernandez, who indicates he is taking the matter under advisement and will issue his ruling at a subsequent date.

April 3, 2014: 

Judge Hernandez issues ruling denying the Defendants' Dilatory Exception.

April 21, 2014: 

Rev. Phillips and Robert Burns file judgment to reflect Judge Hernandez denying defendants' dilatory exception.

April 23, 2014: 

Judge Hernandez signs Burns and Phillips' judgment denying Defendants' dilatory exception.

April 25, 2014: 

Defense counsel Jenna Linn files answer to plaintiffs' amended petition.

May 12, 2014: 

Rev. Phillips and Robert Burns file a Motion for Summary Judgment.  Judge Hernandez signed the order setting the matter for hearing in open court on Monday, August 4, 2014 at 9:30 a.m.

May 22, 2014: 

Judge Hernandez signs Motion for Summary Judgment setting the matter for hearing in open court on Monday, August 4, 2014.  

June 12, 2014: 

Plaintiffs respond to Interrogatories and Request for Productions:  Robert Burns responses and Rev. Freddie Phillips' responses.

July 9, 2014: 

In response to a letter relaying that Rev. Phillips' responses of June 12, 2014 were inadequate, Rev. Phillips provides a supplement to his previous responses.

July 16, 2014: 

Larry Bankston files memorandum in opposition to plaintiff's motion for summary judgment as well as a defendants' own motion for summary judgment.

July 18, 2014: 

Larry Bankston takes depositions of Plaintiffs:  Burns' Deposition and Phillips' Deposition

July 28, 2014: 

Judge Hernandez sets hearing for Defendants' Motion for Summary Judgment on Monday, September 15, 2014 at 9:30 a.m. (in the event Plaintiffs' Motion for Summary Judgment may be denied).

August 4, 2014: 

Plaintiffs' Motion for Summary Judgment argued before Judge Hernandez, who took the matter under advisement and will issue his ruling at a later date.

September 3, 2014: 

Plaintiffs file their Opposition Memorandum to Defendants' Motion for Summary Judgment

September 15, 2014: 

Defendants' Motion for Summary Judgment argued before Judge Hernandez, who took the matter under advisement and will issue his ruling at a later date.

November 26, 2014: 

Plaintiffs submit a letter to Judge Hernandez seeking rulings on the above Motions for Summary Judgments.

January 7, 2015: 

Hernandez issues this ruling granting Defendants' Motion for Summary Judgment.

January 22, 2015: 

Hernandez sings judgment dismissing case with prejudice but indicates each party to bear its own costs.  

April 1, 2015: 

Jenna Linn sends desperation letter to Phillips and Burns in a feeble attempt to get them to cover the LALB's court costs which were clearly cast against the LALB as per the judgment signed on 1/22/15.

END RESULT

LALB spends about $5,000 - $6,000 (attorney fees and court costs) to defend its ability for its members to make racist roll call responses and the public be denied the right to speak about it and, similarly, for the public to question illegal per diem payments.  Hernandez sent about the most horrible message a judge could send in making the ruling he made; however, it would cost around $9,000 to appeal (which would not be able to be recovered by Plaintiffs Burns and Phillips), so as absurd as Hernandez' ruling is, it stands!