TIMELINE OF FILINGS AND EVENTS OF

BETTY STORY  v. LALB (PETITION FOR DAMAGES FOR FAILURE TO FIND MARLO SCHMIDT GUILTY

Judge:  Caldwell

 

 

August 27, 2014:

 

Ms. Story files lawsuit in 19th JDC alleging that the LALB's reckless failure to adhere to its duty resulted in Ms. Story's inability to successfully file a bond claim against Mr. Schmidt upon which she could recover up to $10,000.  Ms. Story therefore seeks the $10,000 otherwise recoverable from the bond directly from the LALB itself.

 

October 16, 2014:

 

 

LALB files a routine request for a 15-day extension to file responsive pleadings, which Judge Caldwell signed.

 

October 23, 2014:

 

LALB files a an exception of prescription and, alternatively, no cause of action which Judge Caldwell signs and set a hearing for January 26, 2015.

 

January 10, 2015:

 

Ms. Story files Opposition Memorandum to Exception of Prescription and, alternatively, No Cause of Action

 

 

January 26, 2015:

 

Exception hearing conducted, at which Judge Caldwell sustains LALB's exception; however, he strongly praised Ms. Story's "tenacity" and firm resolve not to just roll over and take things.  As evidenced by the judgment, the matter was dismissed at Defendant's cost even though Defendant prevailed.

 

END RESULT

Since this was a petition for damages (vs. open meetings litigation), the Office of Risk Management was responsible for paying the LALB's legal fees, and it is likely their office which insisted on the matter being dismissed at Defendant's costs.