Order to Show Cause

    • 

AEB 0 6 1998 

U.S. District Court 
USDC for the Eastern District of Louisiana (New Orleans) 

CIVIL DOCKET FOR CASE #: 95-CV-1265 

Perschall v. Louisiana State of 
Assigned to: Judge Charles Schwartz, Jr. 
Demand: $0,000 
Lead Docket: None 
Dkt # in 19th JDC : is 413,714"A" 
Dkt # in Middle Dist of LA : is 95-259 

Cause: 28:1441 Petition for Removal 

CLEMENT F PERSCHALL, JR 
plaintiff 

V. 

STATE OF LOUISIANA, THE 
defendant 

st Court 
Istria of Louisiana 

:New Orleans, LA 

Docket as of January 16, 1998 

APPEAL TERMED 
MAG-2 DISC/J 

Filed: 04/24/95 

Nature of Suit: 950 
Jurisdiction: Federal Question 

Clement Francis Perschall, Jr. 
504-836-5945 FAX 
[COR LD NTC] 
Clement F. Perschall, Jr., 
Attorney at Law 
One Galleria Blvd. 
Suite 1107 
Metairie, LA 70001 
(504) 836-5975 

Peter Joseph Butler 
[COR LD NTC] 
Peter J. Butler, Jr. 
504-584-5452 FAX 
[COR] 
Richard G. Passler 
[CORI 
Breazeale, Sachse & Wilson 
LL&E Tower 
909 Poydras St. 
Suite 2400 
New Orleans, LA 70112 
504-584-5453 

Robert McDuff 
[COR NTC] 
Robert McDuff, Attorney at Law 
771 N. Congress St. 
Jackson, MS 39202 
(601) 969-0802 

Tyron D. Picard 
318-983-0089 FAX 

8:41 am Page 1 



Proceedings include all events. 
2:95cv1265 Perschall v. Louisiana State of 

JACQUELINE CARR 
movant 

RONALD CHISOM 
movant 

[COR NTC] 
Picard & Stipe 
P. 0. Box 61666 

-Lafayette, LA 70596-1666 
318-983-0090 

Jacqueline Carr 
(PRO SE] 
LCIW 
LA Correctional Institute for 
Women 
P. O. Box 26, Highway 74 
St. Gabriel, LA 70776 
USA 
504-642-5529 

William Patrick Quigley 
504-861-5440 FAX 
[COR LD NTC] 
Loyola Law School Clinic 
7214 St. Charles Ave. 
New Orleans, LA 70118 
(504) 861-5590 

Ronald Lawrence Wilson 
504-525-4380 FAX 
[COR NTC] 
Ronald L. Wilson, Attorney at 
Law 
FNBC Bldg. 
210 Baronne St. - 
Suite 1800 
New Orleans, LA 70112 
(504) 525-4361 

Elaine R. Jones 
[COR NTC] 
Jacqueline Berrien 
(COR] 
Victor A. Bolden 
[COR] 
NAACP Legal Defense & 
Educational Fund, Inc 
99 Hudson St. 
Suite 1600 
New York, NY 10013 
(212) 219-1900 

Docket as of January 16, 1998 8:41 am Page 2 

APPEAL 
TERMED MAG-2 

DISC/J 



• • 
Proceedings include all events. 
2:95cv1265 Perschall v. Louisiana State of 

MARIE BOOKMAN 
movant 

WALTER WILLARD 
movant 

HENRY - DILLON 
movant 

William Patrick Quigley 
(See above) 
[COR LD NTC] 

Ronald Lawrence Wilson 
(See above) 
[COR NTC] 

Elaine R. Jones 
(See above) 
[COR NTC] 
Jacqueline Berrien 
(See above) 
(00R] 
Victor A. Bolden 
(See above) 
(COIRJ 

William Patrick Quigley 
(See above) 
[COR LD NTC] 

Ronald Lawrence Wilson 
(See above) 
[COR NTC] 

Elaine R. Jones 
(See above) 
[COR NTC] 
Jacqueline Berrien 
(See above) 
[COR] 
Victor A. Bolden 
(See above) 
(COR] 

William Patrick Quigley 
(See above) 
[COR LD NTC] 

Ronald Lawrence Wilson 
(See above) 
[COR NTC] 

Elaine R. Jones 
(See above) 
[COR NTC] 
Jacqueline Berrien 
(See above) 
(COR] 
Victor A. Bolden 
(See above) 

Docket as of January 16, 1998 8:41 am Page 3 

APPEAL 
TERMED MAG-2 

DISC/J 



Proceedings include all events. 
2:95cv1265 Perschall v. Louisiana State of 

[COR] 

- LOUISIANA VOTER William Patrick Quigley 
REGISTRATION/EDUCATION CRUSADE (See above) 

movant [COR LD NTC] 

ijNITED STATES OF AMERICA 
movant 

Ronald Lawrence Wilson 
(See above) 
ICOR NTC] 

Elaine R. Jones 
(See above) 
[COR NTC] 
Jacqueline Berrien 
(See above) 
[COR] 
Victor A. Bolden 
(See above) 
[COR] 

Elizabeth Johnson 
202-307-3961 FAX 
[COR LD NTC] 
Rebecca J. Wertz 
[COR] 
Donna M. Murphy 
[COR] 
U. S. Department of Justice 
P. 0. Box 66128 
Washington, DC 20035-6128 
202-305-1238 

Docket as of January 16, 1998 8:41 am. Page 4 

APPEAL 
TERMED MAG-2 

DISC/J 



S 

.5/2/95 3 

Proceedings include all events. APPEAL 
2:95cv1265 Perschall v. Louisiana State of TERMED MAG-2 

DISC/J 
4/24/95 1 Order Transferring case to EAST DIST LA with original recordelp40 

from Middle District of Louisiana ($120.00 filing fee paid) 
(sw) [Entry date 04/25/95] [Edit date 04/25/95] 

4/24/95 - ANSWER by defendant Louisiana State of to complaint by 
plaintiff Clement F Perschall Jr [1-1] (sw) 
[Entry date 04/25/95] 

4/24/95 2 MINUTE ENTRY 4/24/95: Case reassigned to Judge Charles A/ 
Schwartz Jr.; Mag. Division 2 by Judge Stanwood R. Duval L-1 
Jr. (sw) [Entry date 04/25/95] 

4/24/95 -- MOTION by movant Jacqueline Carr to intervene (Filed in 
the Middle District of LA prior to transfer to Eastern 
District of LA) (jd) [Entry date 05/12/95] 

4/28/95 4 Notice by movant Jacqueline Carr of filing return receipt, ef≤r 
intervention. (rg) [Entry date 05/03/95] 

4/28/95 6 Notice by movant Jacqueline Carr of service of petn for' 
intervention upon counsel of record (jd) 
[Entry date 05/12/95] 

4/28/95 7 Renotice of Hearing by movant Jacqueline Carr of her mtn to :girt' 
intervene set for 5/17/95 11:00 before Magistrate Wilkinson Lk) 
(jd) [Entry date 05/12/95] 

MOTION by movant Ronald Chisom, movant Marie Bookman, movant 
Walter Willard, movant Henry - Dillon, movant - Louisianaql 
Voter to intervene in the suit to be heard before the Mag 
Judge at 11:00 5/24/95 (rg) [Edit date 05/03/95] 

5/8/95 8 ORDER re-setting motion by Jacqueline Carr to intervene 
[0-1] and motion by Ronald Chison, Marie Bookman, Walter 
Willard, Henry Dillon III, and La. Voter 
Registration/Education Crusade to intervene in the suit 
[3-1] from 5/24/95 to 10:00 6/6/95 before Judge. The hrg 
before Magistrate Wilkinson is CANCELLED. Further ORDER 
that ALL mtns filed in this case, whether disc or 
otherwise, shall be noticed for hrg before the Judge. by 
Judge,Charles Schwartz Jr. Date Signed: 5/5/95 (jd) 
[Entry date 05/12/95] 

5/9/95 5 Memo in opposition by defendant Louisiana State of to 
motion to intervene in the suit [3-1] filed by movant 
Jacqueline Carr (cbn) [Entry date 05/11/95] 

5/9/95 9 Memorandum by plaintiff Clement F Perschall Jr in 
opposition to interpleader petition by Jacqueline Carr. (jh)20 
[Entry date 05/12/95] 

5/12/95 10 Motion by plaintiff Clement F Perschall Jr to cont hrg on 
petition of intervention and UNSIGNED ORDER for same. Reset (94:, 
for hrg bfr the Judge 6/6/95. (rg) [Entry date 05/16/95] 

Docket as of January 16, 1998 8:41 am Page 5 

3G 



Proceedings include all events. APPEAL 
2:95cv1265 Perschall v. Louisiana State of TERMED MAG-2 

DISC/J 

5/22/95 11 ORDER AND REASONS: IT IS ORDERED that Perschall's mtn to I 
disqualify and to have this case reallotted to another 
judge is DENIED; by Judge Charles Schwartz Jr. (rg) 
[Entry date 05/23/95] 

5/22/95 13 MOTION by movant USA to intervene to be heard before Mag 
Wilkinson at 11:00 6/7/95 (bb) [Entry date 05/24/95] 

5/23/95 12 MOTION by defendant Louisiana State of to dismiss in part 4) 
the pla's petition and/or for jgm on the pleadings to be 
heard before the Judge at 10:00 6/7/95 (rg) 

5/23/95 14 Motion by movant Ronald Chisom, movant Marie Bookman, 
movant Walter Willard, movant Henry Dillon, movant 
Louisiana Voter and ORDER for appearance Ronald Lawrence 
Wilson as co-counsel of record for same; by Judge Charles 
Schwartz Jr. (rg) [Entry date 05/25/95] 

5/26/95 15 Motion by movant Jacqueline Carr and ORDER continuing 51(0 
the hrg on dft State of LA's motion to dismiss in part the 
pla's petition and/or for jgm on the pleadings [12-1] to 
10:00 6/21/95; by Judge Charles Schwartz Jr. Date Signed: 
5/31/95 (rg) [Entry date 06/01/95] 

5/30/95 16 Memo in opposition by plaintiff Clement F Perschall Jrto 
motion to intervene in the suit [3-1] filed by movant - 
Louisiana Voter, movant Ronald Chisom, movant Marie 
Bookman, movant Walter Willard, movant Henry - Dillon (ak) 
[Entry date 06/01/95] 

5/30/95 17 Memo in opposition by plaintiff Clement F Perschall Jrto ST) 
motion to intervene [13-1] filed by movant USA (ak) 
[Entry date 06/01/95] 

5/30/95 18 Memo in opposition by plaintiff Clement F Perschall Jrto 
motion to dismiss in part the pla's petition and/or for jgm,yop 
on the pleadings [12-1] filed by defendant Louisiana State 
of (ak) [Entry date 06/01/95] 

6/2/95 19 MOTION-by plaintiff Clement F Perschall Jr to dismiss for psi 
lack of jurisdiction and ORDER for an exp hrg on mtn, to 
be heard before the Judge at 10:00 6/21/95; By Judge 
Charles Schwartz, Jr. (Date Signed: 6/5/95) (rg) 
(Entry date 06/07/95) 

6/2/95 20 Motion by defendant Louisiana State of and ORDER for leave 89), 
to file their reply memo to pla's opp to mtn to dism; by 
Judge Charles Schwartz Jr. Date Signed: 6/5/95 (rg) 
[Entry date 06/07/95] 

6/13/95 21 Memo in opposition by defendant Louisiana State of to 
motion to dismiss for lack of jurisdiction [19-1] filed by 3a4 
plaintiff Clement F Perschall Jr (rg) 

Docket as of January 16, 1998 8:41 am Page 6 



Proceedings include all events. 
2:95cv1265 Perschall v. Louisiana State of 

APPEAL 
TERMED MAG-2 

DISC/J 

6/16/95 23 Motion by plaintiff Clement F Perschall Jr and ORDER for 
leave to file his reply memo to the State of Louisiana's 
memo in opp to mtn to dism for lack of jurisdiction; by 
Judge Charles Schwartz Jr. Date Signed: 6/19/95 (rg) 
[Entry date 06/21/95] 

6/19/95 22 MINUTE ENTRY (6/19/95): Preliminary Conference will be 
held by phone 10:00 7/6/95; by Judge Charles Schwartz Jr. 
(rg) 

6/20/95 24 Reply by plaintiff Clement F Perschall Jr to the State of 
Louisiana's response to his motion to dismiss for lack of 
jurisdiction [19-1] (rg) [Entry date 06/21/95] 

6/21/95 25 Reply Memo by defendant Louisiana State of to pla's 
response to the State of Louisiana's motion to dismiss in 
part the pla's petition and/or for jgm on the pleadings 
(12-1] (rg) 

6/28/95 26 MINUTE ENTRY (6/28/95): ORDERED that the Preliminary 
Conference RESET for 10:15 7/17/95; by Judge Charles 
Schwartz Jr. (rg) (Entry date 06/29/95] 

7/5/95 27 ORDER AND REASONS: IT IS ORDERED that the state law issues 301 
set forth in the pla's petition for declaratory jgm are 
REMANDED to the 19th Judicial Dist for the Parish of East 
Baton Rouge, LA. FURTHER ORDERED that as to the single 
federal constitutional claims, this Court shall retain 
jurisdiction over same, Case stayed as to further 
proceedings pending resolution of the state law issues. 
FURTHER ORDERED that parties sahll advise the Court of any 
resolution of the state law claims by the LA courts. 
FURTHER ORDERED that the case is administratively closed; 
by Judge Charles Schwartz Jr. (CLOSED) (rg) 

sas 

333-

saa 

Sti 

7/5/95 28 Motion by defendant Louisiana State of and ORDER that the 80; 
Court's 7/5/95 ORDER is stayed. FURTHER ORDERED that the 
State is granted until 7/12/95 to file a mtn for 
reconsideration of said order, failing same the stay issued 
is lifted; by Judge Charles Schwartz Jr. Date Signed: 
7/7/95 (rg) (Entry date 07/10/95] 

7/12/95 29 MOTION by defendant Louisiana State of for reconsideration g18 
of the Court's 7/5/95 ORDER to be heard before the Judge 
at 10:00 8/2/95 (rg) [Entry date 07/13/95] 

7/12/95 30 Motion by defendant Louisiana State of and ORDER for n-lt 
attorney Robert McDuff to appear pro hac vice; by Judge ct-
Charles Schwartz Jr. Date Signed: 7/14/95 (rg) 
[Entry date 07/17/95] 

Docket as of January 16, 1998 8:41 am Page 7 



7/24/95 33 

7/26/95 32 

7/28/95 34 

7/28/95 35 

Proceedings include all events. APPEAL 
2:95cv1265 Perschall v. Louisiana State of TERMED MAG-2 

DISC/J 
7/24/95 31 Memo in opposition by plaintiff Clement F Perschall Jrto 

motion for reconsideration of the Court's 7/5/95 ORDER aros 
[29-1] filed by defendant (cbn) [Entry date 07/25/95] 

Motion by plaintiff Clement F Perschall Jr to cont oral f_20 
argument on the State of Louisiana's mtn to reconsider andQ) 
ORDER: Moot, taken on briefs; by Judge Charles Schwartz 
Jr. Date Signed: 7/26/95 (rg) [Entry date 07/27/95] 

MINUTE ENTRY (7/19/95): IT IS ORDERED that the dft State a(21 
of Louisiana's mtn for reconsideration is submitted on 
briefs as of 7/24/95 at 12:00 noon; by Judge Charles 
Schwartz Jr. (rg) 

MINUTE ENTRY (7/19/95): IT IS ORDERED that dft the State WI 
of LA's mtn for reconsideration is deemed submitted on 
briefs as of 7/31/95 at 12:00 noon; by Judge Charles 
Schwartz Jr. (rg) [Entry date 07/31/95] 

• 
Motion by defendant Louisiana State of and ORDER for leave gS 
to file their reply memo in support of the mtn for 
reconsideration of the Court's 7/5/95 order; by Judge 
Charles Schwartz Jr. Date Signed: 7/31/95 (rg) 
[Entry date 08/01/95] 

8/1/95 36 Reply Memorandum by defendant Louisiana State of in support QC 
of their motion for reconsideration of the Court's 7/5/95 
ORDER [29-1] (rg) 

8/3/95 37 MINUTE ENTRY (7/31/95): IT IS ORDERED that the dft State aK 
of Louisiana's motion for reconsideration of the Court's 
7/5/95 ORDER [29-1] is DENIED insofar as the State seeks to 
have the Court retain jurisdiction over the entirety of the 
case. FURTHER ORDERED that the mtn for reconsideration is 
GRANTED insofar as the State requests clarification of this 
Court's prior order & reasons to reflect that the 
constitutionality of Act 512 is the sole issue remanded to 
the 19th Judicial Dist for the Parish of East Baton Rouge, 
LA. The Court retains jurisdiction over all other issues; 
by Judge Charles Schwartz Jr. (rg) 

10/10/95 38 NOTICE by atty Peter Butler of change of address (rg) u),1 
[Entry date 10/11/95] 

10/10/95 39 Motion by defendant Louisiana State of and ORDER Sq8 
withdrawing Peter J. Butler, Peter J. Butler Jr., and the 
law firm of Locke Purnell Rain Harell and substituting 
Peter J. Butler, Peter J. Butler Jr and the law firm of 
Deutsch Kerrigan & Stiles as counsel by Judge Charles 
Schwartz Jr. Date Signed: 10/11/95 (jd) 
[Entry date 10/12/95] 

1/8/97 40 NOTICE by defendant Louisiana State of of change of 
address (rg) 

Docket as of January 16, 1998 8:41 am Page 8 



Proceedings include all events. APPEAL 
2:95cv1265 Perschall v. Louisiana State of TERMED MAG-2 

DISC/J 

1/8/97 41 Motion by defendant .Louisiana State of and ORDER that theSql 
law firm of Deutsch, Kerrigan & Stiles are withdrawn as 
counsel of record & that Peter J Butler, Peter J Butler Jr 
& Richard G Passler & the law firm of Breazeale, Sachse & 
Wilson LLP are enrolled as counsels of record by Judge 
Charles Schwartz Jr. (gw) [Entry date 01/15/97] 

10/14/97 42 MOTION by defendant Louisiana State of to dismiss sac: 
remainder of case as moot to be heard before Judge 
Schwartz at 10:00 11/26/97. (sek) 

10/27/97 43 MOTION by movant Jacqueline Carr to lift stay on mtn to 
intervene to be heard before Judge Schwartz at 10:00 
11/26/97. (rg) [Entry date 10/29/97] 

11/5/97 44 Reply by movant Ronald Chisom, movant Marie Bookman, movant g q 
Walter Willard, movant Henry - Dillon, movant - LA Voter to 
motion to dismiss remainder of case as moot [42-1] filed by 
defendant Louisiana State of (tbl) 

11/7/97 45 Memo in opposition by plaintiff Clement F Perschall Jrto 1(1. 
motion to dismiss remainder of case as moot [42-1] filed by 
defendant Louisiana State of (tbl) [Entry date 11/10/97] 

11/7/97 46 Motion by movant Ronald Chisom, movant Marie Bookman, 
movant Walter Willard, movant Henry - Dillon, movant - LAg)-1 
Voter and ORDER for attorney Victor A. Bolden to appear 
pro hac vice by Judge Charles Schwartz Jr. Date Signed: 
11/10/97 (sek) [Entry date 11/13/97] --

11/7/97 47 Motion by movant Ronald Chisom, movant Marie Bookman, 
movant Walter Willard, movant Henry - Dillon, movant - LA co 
Voter and ORDER for attorney Jacqueline A. Berrien to 
appear pro hac vice, by Judge Charles Schwartz Jr. Date 
Signed: 11/10/97 (sek) [Entry date 11/13/97] 

11/18/97 48 Memo in opposition by defendant Louisiana State to motionyal 
to lift stay on mtn to intervene [43-1] filed by movant 
Jacqueline Carr. (rg) 

11/18/97 49 Motion by defendant Louisiana State and ORDER for leave tot1P... 
file reply memo in support of mtn to dism; by Judge A. J. 
McNamara Date Signed: 11/19/97 (rg) [Entry date 11/19/97] 

11/19/97 50 Reply Memorandum by defendant Louisiana State of in support418 
[42-1] of their motion to dismiss remainder of case as 
moot. (rg) 

11/25/97 51 Adoption by reference of opposition to motion to dismiss LN, 
filed by Pltf. (cbn) [Entry date 12/04/97] 

Docket as of January 16, 1998 8:41 am Page 9 



12/16/97 53 

12/31/97 54 

1/5/98 

Proceedings include all events. APPEAL 
2:95cv1265 Perschall V. Louisiana State of TERMED MAG-2 

DISC/J 
12/10/97 52 ORDER AND REASONS: IT IS ORDERED that the State of LA's 

mtn to dism is GRANTED. FURTHER ORDERED that Jacqueline 
Carr's mtn to intervene is DENIED as UNTIMELY AND MOOT. 
[43-1] [42-1] by Judge Charles Schwartz Jr. (rg) 
[Entry date 12/11/97] 

JUDGMENT: ORDERED that there be jgm in favor of dft & agst0 
pla, dismissing the remainder of the case as moot, dft to 
bear all costs; by Clerk approved as to form by: Judge 
Patrick E. Carr for CSjr. (rg) 

Notice of appeal by plaintiff Clement F Perschall Jr from 
Dist. Court [53-1] judgment entered 12/16/97. (rg) 

Payment of appeals fee [54-1] by plaintiff Clement F 
Perschall Jr in amount of $ 105.00. (rg) 
[Entry date 01/07/98] 

Docket as of January 16, 1998 8:41 am Page 10