Case 2:12-cv-00859-LMA-MBN Document 1011 Filed 05/03/16 Page 1 of 3

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LASHAWN JONES, et al.,

Plaintiffs, and

CIVIL ACTION: 2:12-cv-00859

SECTION: I, DIVISION 1

UNITED STATES OF AMERICA,

Plaintiffs in intervention

JUDGE: AFRICK

V.

MAGISTRATE: NORTH

MARLIN GUSMAN, et al.,

Defendants.
_______________________________________
MARLIN GUSMAN,
Third-Party Plaintiff
v.
THE CITY OF NEW ORLEANS,
Third-Party Defendant.

DEFENDANT, MARLIN N. GUSMAN, SHERIFF OF THE PARISH OF ORLEANS,

MOTION FOR EXTENSION OF TIME WITHIN WHICH TO RESPOND
NOW INTO COURT, through undersigned counsel, comes Defendant, Marlin N.
Gusman, Sheriff of the Parish of Orleans (Sheriff), on suggesting to this Honorable Court that
the Sheriff requires additional time within which to respond to the Plaintiffs Motion for an
Order to Show Cause and for Appointment of a Receiver to Implement Consent Judgment.
1.
On April 25, 2016, Plaintiffs filed a Motion for an Order to Show Cause and for
Appointment of a Receiver to Implement Consent Judgment.
2.
The Plaintiffs Motion and Memorandum consisted of over 60 pages of detailed

Case 2:12-cv-00859-LMA-MBN Document 1011 Filed 05/03/16 Page 2 of 3

allegations and supporting law.

3.
Together with the exhibits, however, the Plaintiffs documents amount to a total of 325
pages.
4.
Counsel for Sheriff has contacted opposing counsel to see if they have any objection to
this extension. Counsel for the plaintiffs and DOJ have expressed an objection. At the time of
filing, Counsel for Sheriff had not heard back from counsel for the City of New Orleans.
5.
On April 28, 2016, this Honorable Court issued an Order requiring that the Sheriffs
response to the Plaintiffs Motion be filed on or before May 10, 2016. In addition to this
deadline, this Honorable Court has also ordered that an evidentiary hearing will be held on May
25, 2016 in this matter and that a telephone status conference be held during the week of May 26, 2016 regarding pre-hearing deadlines. Further, this Honorable Court has also ordered that on
or before May 18, 2016, the Plaintiffs, the Sheriff, and the City of New Orleans file a
memoranda proposing the logistics pertaining to the appointment of a receiver should the Court
determine that a receiver be appointed.
6.
Given the excessive length and extensiveness of the Plaintiffs Motion, let alone the
seriousness of its request, the Sheriff respectfully suggests that he requires additional time to
absorb and verify the facts and allegations contained in Plaintiffs Motion in order to adequately
prepare an opposition.
7.

Case 2:12-cv-00859-LMA-MBN Document 1011 Filed 05/03/16 Page 3 of 3

Therefore, the Sheriff requests an additional 90 days within which to respond. This
would extend the current deadline from May 10, 2016 to August 8, 2016.

Respectfully submitted,
CHEHARDY, SHERMAN, WILLIAMS,
MURRAY, RECILE, STAKELUM,
& HAYES, LLP

____s/James M. Williams____________________
JAMES M. WILLIAMS, BAR NO. 26141
INEMESIT OBOYLE, BAR NO. 30007
RYAN P. MONSOUR, BAR NO. 33286
One Galleria Boulevard, Suite 1100
Metairie, Louisiana 70001
Telephone: (504) 833-5600
Facsimile: (504) 833-8080
-ANDUSRY, WEEKS AND MATTHEWS
FREEMAN MATTHEWS, BAR NO. 9050
BLAKE J. ARCURI, BAR NO. 27625
1615 Poydras Street, Suite 1250
New Orleans, Louisiana 70112
Telephone: (504) 592-6400
Facsimile: (504) 592-4641
-PUBLIC ENTITY/FEE EXEMPT(See R.S. 13:4521 & 13:5112)
CERTFICIATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon all counsel
of record by notice from the Courts CM/ECF system, this 3rd day of May, 2016.

___s/James M. Williams_____________________
JAMES M. WILLIAMS

Case 2:12-cv-00859-LMA-MBN Document 1011-1 Filed 05/03/16 Page 1 of 4

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LASHAWN JONES, et al.,

Plaintiffs, and

CIVIL ACTION: 2:12-cv-00859

SECTION: I, DIVISION 1

UNITED STATES OF AMERICA,

Plaintiffs in intervention

JUDGE: AFRICK

V.

MAGISTRATE: NORTH

MARLIN GUSMAN, et al.,

Defendants.
_______________________________________
MARLIN GUSMAN,
Third-Party Plaintiff
v.
THE CITY OF NEW ORLEANS,
Third-Party Defendant.

MEMORANDUM IN SUPPORT OF DEFENDANT, MARLIN N. GUSMAN,

SHERIFF OF THE PARISH OF ORLEANS, MOTION FOR EXTENSION
OF TIME WITHIN WHICH TO RESPOND
Defendant, Marlin N. Gusman, Sheriff of the Parish of Orleans (Sheriff), pursuant to
Rule 6(b) of the Federal Rules of Civil Procedure, herby files this Memorandum in Support of his
Motion for Extension of Time within Which to Respond.
The instant case provides good cause justifying the extension of time for filing a response
to Plaintiffs Motion for an Order to Show Cause and for Appointment of a Receiver to Implement
Consent Judgment. The substance of Plaintiffs Motion consists of over 60 pages of text, and
totals 325 pages with its supporting exhibits. Many of the allegations contained therein are
vehemently denied by the Sheriff; however, it will take a substantial amount of time to collect the
appropriate facts and evidence in order to adequately defend against said allegations.

Case 2:12-cv-00859-LMA-MBN Document 1011-1 Filed 05/03/16 Page 2 of 4

In its Motion, the Plaintiffs have alleged that the Sheriff should be held in contempt of the
Consent Judgment based upon numerous provisions related to:
1. Providing adequate supervision of inmates, including ensuring appropriate staffing levels
and providing direct supervision;
2. Implementing adequate suicide precautions;
3. Reforming use of force policies and procedures, training, reporting, and early intervention
systems;
4. Improving the incident reporting and tracking systems;
5. Providing an adequate grievance system;
6. Overhauling Jail investigations;
7. Ensuring proper custodial placement within the Jail;
8. Providing developmentally appropriate mental health, housing and programming services
for youthful prisoners; and
9. Maintaining adequate sanitation and environmental conditions.
Given the extensiveness of these allegations, significant additional time is needed to
adequately address each claim. Unfortunately, the current May 10, 2016 deadline for the Sheriff
to file a response will not allow this to happen. As stated in the Plaintiffs Memorandum in
Support, there is no question that receivership is an extraordinary remedy. Accordingly,
given the gravity of the Plaintiffs request, the Sheriff respectfully suggests that it should be given
an appropriate amount of time to respond.
Furthermore, there have been significant recent changes at the Orleans Parish Sheriffs
Office (OPSO), details of which would greatly aid this Court in this important decision. These
include, but are not limited to, the rehiring of Carmen DeSadier as Chief of Corrections, the

Case 2:12-cv-00859-LMA-MBN Document 1011-1 Filed 05/03/16 Page 3 of 4

appointment of Col. Michael Laughlin as the new Chief of Investigations, and the appointment of
Sean Bruno as the interim Chief Financial Officer. The permanent Chief Financial Officer will
be selected based on a search committee that includes a representative of the City of New Orleans,
a representative of OPSO, a representative of the Business Council of New Orleans, a
representative of the Urban League of New Orleans, and Tommie Vassel.
OPSOs low pay scale has made it difficult to recruit and retain a sufficient number of
deputies to fulfill the staffing requirements of the Consent Judgment. Consequently, the monitors
have recommended that OPSO reduce its inmate population to account for the staffing shortage
until the staff can be increased. OPSO agrees with this recommendation and has started the
process of temporarily reducing the inmate population to account for the staffing shortage. To
date, OPSO has transferred 105 inmates to East Carrol Parish Detention Center, and plans to
transfer 33 more inmates by May 4, 2016. Further, OPSO will be transferring 180 additional
inmates in the next seven days. OPSO is also currently working on a plan to transfer sentenced
inmates to another facility would result in approximately 80 inmates leaving the Orleans Justice
Center. Lastly, OPSO intends to transfer another 202 inmates by the end of next week. The delay
in this transfer is only due to the requirement that OPSO provide the monitor team a transfer plan
of any inmates that concern additional classifications. In total, OPSO is in the process of moving
approximately 600 inmates out of the Orleans Justice Center, resulting in a remaining total of
approximately 533 inmates in the Orleans Justice Center. This plan will allow OPSO to properly
train its staff and have appropriate staffing levels to meet the requirements of the Consent
Judgment. This will also create a safe and secure environment for both staff and inmates and will
greatly assist OPSOs efforts in complying with the Consent Judgment, and is clear evidence that
OPSO is working hard in doing everything it can to conform with any and all necessary

Case 2:12-cv-00859-LMA-MBN Document 1011-1 Filed 05/03/16 Page 4 of 4

requirements. These changes alone will rectify many of the Plaintiffs concerns raised in their
Motion.
In light of the foregoing, the Sheriff respectfully requests an additional 90 days within
which to respond to Plaintiffs Motion.
Respectfully submitted,
CHEHARDY, SHERMAN, WILLIAMS,
MURRAY, RECILE, STAKELUM
& HAYES, LLP
/s/ James M. Williams
__________________________________________
JAMES M. WILLIAMS, BAR NO. 26141
INEMESIT OBOYLE, BAR NO. 30007
RYAN P. MONSOUR, BAR NO. 33286
One Galleria Boulevard, Suite 1100
Metairie, Louisiana 70001
Telephone: (504) 833-5600
Facsimile: (504) 833-8080
-ANDUSRY, WEEKS AND MATTHEWS
FREEMAN MATTHEWS, BAR NO. 9050
BLAKE J. ARCURI, BAR NO. 27625
1615 Poydras Street, Suite 1250
New Orleans, Louisiana 70112
Telephone: (504) 592-6400
Facsimile: (504) 592-4641
-PUBLIC ENTITY/FEE EXEMPT(See R.S. 13:4521 & 13:5112)
CERTFICIATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served upon all counsel
of record by notice from the Courts CM/ECF system, this 3rd day of May, 2016.
/s/ James M. Williams
__________________________________________
JAMES M. WILLIAMS

Case 2:12-cv-00859-LMA-MBN Document 1011-2 Filed 05/03/16 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION
LAWSHAWN JONES, ET AL.
NO. 12-00859
VERSUS
SECTION: I
MARLIN GUSMAN, ET AL.
MAGISTRATE: 5

NOTICE OF SUBMISSION
TO:

ALL COUNSEL OF RECORD

PLEASE TAKE NOTICE that undersigned counsel for Defendant, Sheriff Marlin N.

Gusman, will bring his Motion for Extension of Time Within Which to Respond for submission
before the Honorable Lance M. Africk at the United States District Court for the Eastern District
of Louisiana, 500 Poydras Street, New Orleans, LA 70130, at 9:00 A.M. on Wednesday, May
18, 2016.
Respectfully submitted on May 3, 2016.

Respectfully submitted,
CHEHARDY, SHERMAN, WILLIAMS,
MURRAY, RECILE, STAKELUM
& HAYES, LLP
/s/ James M. Williams
__________________________________________
JAMES M. WILLIAMS, BAR NO. 26141
INEMESIT OBOYLE, BAR NO. 30007
RYAN P. MONSOUR, BAR NO. 33286
One Galleria Boulevard, Suite 1100
Metairie, Louisiana 70001
Telephone: (504) 833-5600
Facsimile: (504) 833-8080

Case 2:12-cv-00859-LMA-MBN Document 1011-2 Filed 05/03/16 Page 2 of 2

-ANDUSRY, WEEKS AND MATTHEWS

FREEMAN MATTHEWS, BAR NO. 9050
BLAKE J. ARCURI, BAR NO. 27625
1615 Poydras Street, Suite 1250
New Orleans, Louisiana 70112
Telephone: (504) 592-6400
Facsimile: (504) 592-4641
-PUBLIC ENTITY/FEE EXEMPT(See R.S. 13:4521 & 13:5112)
CERTFICIATE OF SERVICE
I hereby certify that on the 3rd day of May, 2016, I electronically filed the foregoing with
the Clerk of Court by using the CM/ECF system which will send a notice of electronic filing to all
counsel of record.
/s/ James M. Williams
__________________________________________
JAMES M. WILLIAMS

Case 2:12-cv-00859-LMA-MBN Document 1011-3 Filed 05/03/16 Page 1 of 1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LASHAWN JONES, et al.,

Plaintiffs, and

CIVIL ACTION: 2:12-cv-00859

SECTION: I, DIVISION 1

UNITED STATES OF AMERICA,

Plaintiffs in intervention

JUDGE: AFRICK

V.

MAGISTRATE: CHASEZ

MARLIN GUSMAN, et al.,

Defendants.
_______________________________________
MARLIN GUSMAN,
Third-Party Plaintiff
v.
THE CITY OF NEW ORLEANS,
Third-Party Defendant.

ORDER
Upon considering the Motion for Extension of Time within Which to Respond by
Defendant, Marlin N. Gusman, in his capacity as Sheriff of the Parish of Orleans;
IT IS ORDERED, ADJUDGED, AND DECREED that Defendants Motion is GRANTED
and that his response to Plaintiffs Motion for an Order to Show Cause and For Appointment of a
Receiver to Implement the Consent Judgment is due on or before August 8, 2016.
New Orleans, Louisiana, this ____ day of May, 2016.

__________________________________________
HONORABLE LANCE M. AFRICK