Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 1 of 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BETTER CHOICE FOUNDATION CIVIL ACTION NO. MARY D. COGHILL CHARTER SCHOOL Plaintiff, VERSUS JUDGE ORLEANS PARISH SCHOOL BOARD AND DR. HENDERSON LEWIS, JR. SUPERINTENDENT, ORLEANS PARISH PUBLIC SCHOOLS, Defendants. MAGISTRATE COMPLAINT Plaintiff, Better Choice Foundation d/b/a Mary B. Coghill Charter School (?Coghill?), by and through undersigned counsel, reSpectfully submits the following Complaint. Jurisdiction and Venue 1. This is an action for injunctive, declaratory and monetary relief for Violation of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. 1983. This Court has jurisdiction over this matter under 28 U.S.C. 1331, 1343(a)(3) and (4) and 2201. Plaintiff also seeks relief under Louisiana state law. Pursuant to 28 U.S.C. 1367, this Court has supplemental jurisdiction over Plaintiff? state law claims as they form part of the same case or controversy. 2. Venue for this action is proper in the Eastern District of Louisiana. Coghill is a Louisiana non-pro?t corporation with its registered of?ce, principal place of business, domicile, and operations within the District. All of the Orleans Parish School Board?s of?cers, members, and operations are Within this District, and Dr. Henderson Lewis, Jr., sued in his of?cial capacity as New Orleans Superintendent of Schools, resides and is domiciied in this District. All of the 15447313 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 2 of 10 Defendants? acts forming the subject matter of this action were and are being committed in this District. Therefore, Plaintiff? 3 claims arise in this District. mg 3. Plaintiff, Better Choice Foundation d/b/ a Mary D. Coghill Charter School, is a non- pro?t corporation organized under the Louisiana Nonpro?t Corporation Law with its registered of?ce, principal place of business, domicile, and operations Within the Parish of Orleans, State of Louisiana. 4. Defendant, the Orleans Parish School Board is a local political subdivision of the State of Louisiana that acts under color of state law, with all of its of?cers, members, and operations located in Orleans Parish, Louisiana. 5. Under Louisiana Revised Statute 17:51, OPSB has the general legal capacity to be sued, and OPSB is subject to suit herein under 42 U.S.C. 1983 and 1988. 6. Defendant, Dr. Henderson Lewis, Jr. (?Superintendent Lewis?), is the Superintendent of the Orleans Parish Public Schools. At all relevant times, Superintendent Lewis was acting under color of state law. On information and belief, Superintendent Lewis participated in the incident in which Coghill now complains. Superintendent Lewis is sued in his of?cial and individual capacity. Factual Allegations History of Coghill Charter School 7. Mary D. Coghill Charter School is an open enrollment community school that services the Gentilly, Gentilly Woods, and Ponchartrain Park neighborhoods. 8. For the 2019 2020 school year, Mary D. Coghill Charter School had approximately 566 students in grades 8. 25447323 2 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 3 of 10 9. Mary D. Coghill?s Board of Directors is comprised exclusively of community members. 10. The mission of Mary D. Coghill Charter School is to educate, empower, and motivate children within Orleans Parish to be future leaders by infusing the latest technological resources while creating an educational environment that fosters academic excellence, encourages social competence, and challenges young minds to exceed the highest levels of educational expectations in every academic field. 11. Prior to Hurricane Katrina, Mary D. Coghill Charter School operated as a traditional public school under the direct control of the OP SB. 12. Following Hurricane Katrina, Mary D. Coghill School was transferred to the control of the Recovery School District 13. Mary D. Coghill Charter School then became a BESE authorized Type 5 charter school, in which BESE contracted with Coghill to govern the school?s ?nances, operations, and administration. 14. The Louisiana Charter School Demonstration Programs Law, Louisiana Revised Statute 17:3971, et seq. (the ?Charter Act?), authorizes parish school boards, such as OPSB, to contract with private nonpro?t corporations, such as Coghill to operate charter schools pursuant to the terms of the Charter Act. 15. After years of sustained academic success, on or about March 1, 2016, Coghill voted to provide BESE with written noti?cation of its desire to transfer Mary D. Coghill Charter School from the RSD to the OPSB. 15447313 3 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 4 of 10 16. On or about March 15, 2016, the OPSB accepted the transfer of Mary I). Coghill Charter School from the RSD as a Type 3B charter school with independent LEA status, and on June 22, 2016, BESE approved the transfer of Mary D. Coghill Charter School to the OPSB. 17. On or about July 1, 2016, OPSB entered into a Type 3B Charter School Operating Agreement with Better Choice Foundation to operate Mary D. Coghill Charter School as a Type 3B charter school under the jurisdiction of the OPSB (the ?Charter Contract?). 18. The term of the Charter Contract is four (4) years, expiring on June 30, 2020, unless terminated or extended pursuant its terms. The Relationship Between Coghill and OPSB 19. Pursuant to Louisiana Constitution Article 8 9 and Louisiana Revised Statute 17:81, the OPSB ?serve[s] in a policy making capacity that is in the best interests of all students enrolled in schools under the board?s jurisdiction.? 20. Pursuant to Louisiana Revised Statute 1723392, the OPSB has the sole authority and duty concerning whether charter contracts should be renewed. 21. The OPSB is the chartering authority for Coghill. 22. Coghill is under the jurisdiction. 23. The decision of whether to renew or not renew a charter contract is discretionary. 24. During the 2016 Regular Session, the Louisiana Legislature passed Act 91, which established Louisiana Revised Statute 17:10.7.1 entitled, ?Return of certain schools from the Recovery School District to the transferring school system; time line; conditions; funding.? 25. Pursuant to Act 91, a local superintendent must make recommendations to local school boards concerning, among other things, whether to renew charter contracts. 15447313 4 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 5 of 10 26. Subsection of Louisiana Revised Statute 17: 10.7.1 states: In order to determine quality standards for all schools and intervene appropriately in instances when student needs are not being met, the local superintendent shall: Present recommendations to the local school board regarding the approval, extension, renewal, or revocation of the charter for any charter school under the board?s jurisdiction. Unless rejected by a two-thirds vote of the full membership of the board, the local superintendent may implement any such recommendation submitted to the board. (0) Any action by the board to reject a recommendation made by the local superintendent pursuant to Subparagraph of this Paragraph shall occur no later than the ?rst board meeting held after the meeting during which the recommendation was submitted to the board. 27. At the November 21, 2019, school board meeting, Superintendent Lewis recommended that the OPSB not renew Coghill?s Charter Contract. 28. At the next board meeting, on December 19, 2019, a quorum was established and the OPSB voted to reject Superintendent Lewis? recommendation of non-renewal and to renew the Charter Contract by a two-thirds vote (4-2). 29. One member of the OPSB was absent for the vote on Superintendent Lewis? recommendation; thus, the full membership of the board did not vote on the recommendation. 30. Notwithstanding the vote and will of the OPSB, Superintendent Lewis is implementing his recommendation and has begun to transition Mary D. Coghill Charter School back to the OPSB. 31. The OPSB voted to renew Coghill?s Charter Contract. 32. Superintendent Lewis has disregarded the will and authority of the OPSB and is acting contradictory to the vote of the OPSB. 15447323 5 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 6 of 10 33. Alternatively, the OPSB has improperly delegated the authority to decide whether to renew Co ghill?s Charter Contract to Superintendent Lewis. Causes of Action COUNT I: Violation of the Fourteenth Amendment of the United States Constitution, Article 1, Section 2 of the Louisiana Constitution Due Process 34. Paragraphs 1 33 are incorporated herein. 35. By the foregoing conduct, speci?cally by the OPSB rejecting Superintendent Lewis? recommendation and voting to renew the Charter Contract, Plaintiffs right to due process of law, as guaranteed by the Fourteenth Amendment of the United States Constitution and Article 1, Section 2 of the Louisiana Constitution of 1974 are being violated because defendants have failed to renew the Charter Contract without due process of law. 36. Superintendent Lewis should be enjoined from taking any action to implement his recommendation not to renew Coghill?s Charter Contract or transition Mary D. Coghill Charter School back to the direct control of the OPSB. 37. The OPSB should be enjoined and directed to renew Coghill?s Charter Contract in accordance with its vote on December 19, 2019. 38. Plaintiff brings this claim through 42 U.S.C. 1983. COUNT II: La. R.S. 17:10.7.1 is unconstitutional as applied by the OPSB and Superintendent Lewis. 39. Paragraphs 1- 38 are incorporated herein. 40. As applied by Superintendent Lewis and the OPSB, La. RS. 17:10.1.7 violates La. Const. Art. 8 9, La. R.S. 17:81, and La. R.S. 17:3992 by authorizing local superintendents to implement a recommendation not to renew a charter contract unless rejected by a two-thirds vote 15447313 6 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 7 of 10 of the full membership of the board when the recommendation is rejected by a two?thirds vote of the board members present. 41. By the foregoing conduct, speci?cally, Superintendent Lewis? actions of implementing his recommendation not to renew Coghill?s Charter Contract and transitioning Coghill to the direct control of the OPSB under La. R.S. 17:10.7.1, Superintendent Lewis has usurped the power and authority of the OPSB to renew or extend charter contracts pursuant to La. Const. Art. 8 9, La. R.S. 17:81, and La. R.S. 17:3992. 42. By the foregoing conduct, speci?cally, by authorizing Superintendent Lewis to implement a recommendation not to renew a charter contract that is not rejected by a two-thirds vote of the full membership of the board but was rejected by two-thirds vote of the membership board present, the OP SB has improperly delegated authority to Superintendent Lewis in violation ofLa. Const. Art. 9 8, La. R.S. 17:81, and La. R.S. 17:3992. 43. Superintendent Lewis should be enjoined from taking any action to implement his recommendation not to renew Coghill?s Charter Contract or transition Mary D. Coghill Charter School back to the direct control of the OPSB. 44. The OPSB should be enjoined and directed to renew Coghill?s Charter Contract in accordance with its vote on December 19, 2019. Count The OPSB has Improperly Delegated Authority to Superintendent Lewis. 45. Paragraphs 1- 44 are incorporated herein. 46. By the foregoing conduct, Speci?cally, by authorizing Superintendent Lewis to implement a recommendation not to renew a charter contract that is not rejected by a two-thirds vote of the full membership of the board but was rejected by two-thirds vote of the membership 15447313 7 Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 8 of 10 board present the OP SB has improperly delegated authority to Superintendent Lewis in Violation ofLa. Const. Art. 9 8, La. R.S. 17:81, and La. RS. 17:3992. 47. Superintendent Lewis should be enjoined from taking any action to implement his recommendation not to renew Coghill?s Charter Contract or transition Mary D. Coghill Charter School back to the direct control of the OPSB. 48. The OPSB should be enjoined and directed to renew Coghill?s Charter Contract in accordance with its vote on December 19, 2019. COUNT IV: Superintendent Lewis Has Impmperly Usurped the Power and Authority of The OPSB. 49. Paragraphs 1- 48 are incorporated herein. 50. By the foregoing conduct, Specifically, Superintendent Lewis? actions of implementing his recommendation not to renew Coghill?s Charter Contract and transitioning Coghill to the direct control of the OPSB under La. R.S. 17:10.7.1, Superintendent Lewis has usurped the power and authority of the OP SB to renew or extend charter contracts pursuant to La. Const. Art. 8 9, La. R.S. 17:81, and La. R.S. 17:3992. 51. Superintendent Lewis should be enjoined from taking any action to implement his recommendation not to renew Co ghill?s Charter Contract or transition Mary D. Coghill Charter School to the direct control of the OPSB. 52. The OPSB should be enjoined and directed to renew Coghill?s Charter Contract in accordance with its vote on December 19, 2019. WHEREFORE, Plaintiff prays that this Honorable Court grant the following relief: A. Declare Defendants? conduct unlawful; B. Enjoin and direct Superintendent Lewis from taking other adverse action against Coghill to implement his recommendation not to renew Co ghill?s Charter Contract 15447313 8 G. Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 9 of 10 or transition Mary D. Coghill Charter School to the direct control of the Enjoin the Orleans Parish School Board to renew Coghill?s Charter Contract in accordance with its vote on December 19, 2019; Award compensatory damages; Grant attorney?s fees and costs; Trial by jury; and Such other relief as the Court deems just and proper. PLAINTIFF REQUESTS A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. 15447313 Respectfully submitted: McGlinchey Stafford, PLLC Camille R. Brvant Camille R. Bryant, La. Bar No. 35063 Magdalen Blessey Bickford, La. Bar No. 17472 MCGLINCHEY STAFFORD, PLLC 601 Poydras Street, 12th Floor New Orleans, Louisiana 70130 Telephone (504) 586~1200 Facsimile (504)596-2800 and M. Brent Hicks, La. Bar No. 23778 Zelma Frederick, La. Bar. No. 31459 McGlinchey Stafford PLLC 301 Main Street, Fourteenth Floor Baton Rouge, Louisiana 70801 Telephone: 225-383-9000 Facsimile: 225?343-3076 bhicks@mcglinchev.com Attorneys for Better Choice Foundation d/b/a Mary D. Coghill Charter School Case 2:20-cv-00469 Document 1 Filed 02/10/20 Page 10 of 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 10, 2020, I electronically ?led the foregoing with the Clerk of Court by using the system. Notice of this ?ling will be sent to all known counsel of record who have consented to service through the Court?s system. I further certify that I mailed the foregoing document and the notice of electronic ?ling by ?rst-class mail all participants: Camille R. Brvam? Camille R. Bryant 15447313 10 Case 2:20-cv-00469 Document 1-1 Filed 02/10/20 Page 1 of 2 CIVIL COVER SHEET The IS 44 _civ'il cover sheet and the information contaieed- herein neimer re laoe' nor sop pile-non: the filin?r and service of pieadings uromer papers as required by MW, except as provided Ideal rul. es of court This form approved by the Judieial Cone creme ofthe 13-44 (Rev. 0621-?) purpose 0 initiating the. civil docket sheet mted Staxes ?eptember 1,974 :5 reqmred for the use ofthe Clerk of Court for the WRUCTJONS ON NEXTPAGE OF THIS FORM) I. PLAINTIFF-S Better Choice Foundation Mary D. Coghill. Charter School 05) Coonty ofResidence ofFirst Liszcd'Piajntiff .Orzeans (EXCEPTLV 0.5.31.4}me CASES) EC) Attorneys. {Frrm Name. Address, and Tefephone Number am?iile Berant Magdalen B. Bickfo?ro M. Brent Hicks Zeima Frederick McGlincheyStafford, 80-1 Poyoras St, 12th Floor, New Orleans. LA 701303 (504)-586-1200 NOTE: DEFEND-ANTS Orleans Parish School Board and Dr. Henderson Lewis. Jo. Superintendent, O'rlea'r'ls Parish PUbiio- Schools County awesome of First LiSted Defendant Attorneys Oneans s. ammo-7o? c.4553 ONLY) LAND CONDEMNATION CASES. USE THE LOCATION .01? THE TRACT OF LAND INVOLVED 11.. JURISDICTION {Pierce or: ?fX"-inj0ne8ox 0:25)} CITIZENSHIP OF PRINCIPAL PARTIES {Place an 'X":nOheBoxforP1amrf {For Diversfg/ was 0:152) and One Boijr 1 US. Government 25 3 Federal Ques?on 132? PTF DEF Plaintiff (LES. GovemmenbNoraParw Citizen (pf-This Stale I I Inooxpomod -E .4 K4 _OFBusiness' 2 0.8. Government 4 Diversi?' Citizen oPAnotherSmre 2' I3 Incorporated and Principal Place 5 5 Defendant (In?care Cirfo?ii?krp ofPem'es' 1'5? Item Nominee In Another see Citizen or Subfeot offs 3 c: s. 'Foreign'Narioo. 6- . IV. NATURE OF SUIT. (Piece of: in One Box OHM Nat'ureofSuii . . I -.- .1: CONTRACT. .. . from . BANKRUPTCY 110 Insurance PERSONAL INJURY PERSONAL INJURY E3- 625 Drug Roland S'c'i'zoi'e E3 422 Appeal 23 USC 153 :17 375-13315: Claims Act [3 120 Marine 310 Airplane 13-365 Personal Injmy - ofProperty 2.1 E3423 Withdrawal Cl 376'Qui3-Tam {31 USC :3 130me Ag: :3 31's Airplane Product Product .6900ther 23 use 15-? 372901)) 140 Negodabie Instrumem Liability :3 367 Heaith Care! .. E3 400 State Reapportionment 150 Reoovery-of'Ovm-paymem C1 320 Aswan. Libel-?1 Pharmaceutical ?3 430 44311311151". . Enforcement Slander Personal Jujmy Cl 820 Copyrights ?3 430-Bank's and?Banking 151 Medicare Act :3 330 Federal?mployers? Product Liability 1:1 330 Patent 0 459. Cam-?ms E3 152 Recovery ufDefauIted Liability 0 368 Asbestos Personal 335 Patent - Abbmiazed 460 Deportation . Student Loans E3 340 Marine Injury Product New-Drug Application '0 47G-Raoketeer In?oeneed-and' (Excludes Veterans} CI 34'5-MarineProduet Liabi?iy C5 3491'1'3?13333?5? WIOTEWQBS 133 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR -. CI 430Consm Green ofVctemnTs Bene?ts 350 Motor Velv'ole 370 Other Fraud 710 Fair Labor Standards 861 HIA {1395?} 490 Came/Sm TV -- 160 Stockholders? Suite 13 3-55 Motor'deielc -371?I?mth in'Lcnding Act 13. 862 Black Long- (923}. El 2'9D'Otho'r Contract Product Liability 0 386 Other Personal Laburk?hrianagane'n; 863 {403(3)} Exchange . E3 195 Conn-ac: Product Liability 0 360 O?aer Personal Property Damage Relations 12] 864 SSID Tide XVI Statutory Aeneas a: 196 Franchise Injuxy ?3 335 Property Damage 13' 74;: Railway Labor Act 0' '36s RSI (405(3)) S91'Agdcu1mal Acts 1:3 362 Personal - Product Liability D. 393 Emmema: Matte; Medical Malpractioe We 395 Freedom oflz?orrmon mmogmzw _790 Other.LabgrLi?ga?an Aer 210 Land Condemnation rs; 440 Omchivil Rights Habeas Corpus: 791 Employee Retirement. :1 370 lo 896 Axhiu-anon Cl 220'Foreclosm'e CI 441 Voting 463 Income Security Act ?DefendanI) 899. Adn?x?su'a?vc Procedm I3 230 Rent Lease ?1 Ejecunem 442 Employment -510'Motions to Vaoaxe' E3 ?rm??I?I?rd'f?a?y AMWIW orAppeal 0f 'o 240 Tans to Land :3 443 Hoesiuy Sentence. asuscrsosv Agency De?is'i'ou 245 Tort Product" Liability Accommodations cl SEED-General 950. Cens?m?onality; of 0 0111::le Property 445%. wmisab?i?cs .D 535 DeathPenalzy State $15341tcs Employment Other: 462 Namalim?on Apphoati'on- 446 Anion w?jisab?iu'es 540 Mandamus Other 5 465 Other hm'wg'ration Other 5'5G-Civi1 Rights Actions 0 448 Education 555 Prison Condioon E3 563 Ciw'i Desainee Conditions of con?nement V. ORXGIN Wicca cm 0m: 30x 022w 1 Original 11"! 2 .Re'moyed'??om 3 Remm?edz?'om '4 Reinstatedr or .D- 5- Transferred from E3 6 Multidistrict f3 8 Multidistrict . Proceeding State Com Appeliate'Cuurt Reopmed Another DismCt Litigation - Litiganon - Transfer Direct lFiIe Cite the Civil Statute under which you are ?iing (D9. not circjurisdx?cxionazsmm arr/225's :Ziversz'w: 42 USC 1983; 28 L180 13312. 134309013) and f4) and 2201: :28 USC 1367 Brief desoription of canoe: Action for injunctive declaratory 8: monetory reliefforviola?on of the 14 Amendment and Section 1983 VI. CAUSE OF ACTION VII. REQUESTED IN El CHECK IF THIS ISA-CLASS ACTION nomm '5 CHECK. YES only i: demanded to oompiaint: COMPLAINT: UNDER RULE 23, EFL-CAP. JURY DEM-AND: a Yes ONO RELATED I IF ANY JUDGE momma DATE SIG OF ATTO 0F REC owzozo FOR. OFFICE USE-ONLY JUDGE JUDGE. Case Document 1-1 Filed Page 2 of 2 1544 Reverse (Rem-061' 17) INSTRUCTIONS FOR. ATTORNEYS COMPLETING CIVIL COVE-R SHEETFORM .1544- Authozjity For Civil Cover Sheet The 44 civii sever sheet and the information contained. hereinneither replaces-nor supplements" the ?lings and serVi'ce 'of pleadingcr otherpapersa's required by law, except as provided by local mics of court. 'lhisform, approved by-the?ludicialConference of the United States] inSeptemberl'QM, is required for, the use of the-Clerkbf Court for the purpose cfinitiatiog the citrildocketsheet. CohseQuentZy, a civil cover sheet issubmitted to'the Clerk of Court for-each civil. complaint ?led. The attorney ?ling a case should. complete the form as follows: (C) II. Plaintiffs?Defendants. Enter ?names (last, ?rst, middle initial) of plaintiff and defendant; iIfthe-piainti-ff. or defendant-is a agency. 1153 only the full name or standard abbreviations; If the plaim'iff-or defendant is art-of?cial within a government agency, identify ?rst theag?endy and then the of?cial,- giving both name and title. . . 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Check the appropriate-box to indicate-whether or not'ajury is being demanded. Related Cases. This section'of.? the IS 44 [is used-toreferencerelated' pending-cases. if any. If there are-reiated pending cases, insert the docket numbers and the oozreSponding judge names for such cases. Date andAttoi-ney Signatu re. Date and Sign the civil covers?heet. Case 2:20-cv-00469 Document 1-2 Filed Page 1 of 2 A0 440 (Rev. 06! 12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of Louisiana Better Choice Foundation Mary D. Charter School Plaintij?s) v. Civil Action No. Orleans Parish School Board and Dr. Henderson Lewis, Jr., Superintendent, Orleans Parish Public Schools Defendan?s) SUMMONS IN A CIVIL ACTION To: (Defendant?s name and address) Orleans Parish School Board 2401 Westbend Parkway New Orleans, LA 70114 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff?s attorney, Whose name and address are: Camille R. Bryant Magdalen Btessey McGIinchey Stafford, PLLC 601 Poydras St, Ste 1200 New Orleans, LA 70130 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 2:20~cv~00469 Document 1-2 Filed 02/10/20 Page 2 of 2 A0 440 (Rev. osnz) Summons in a Civil Actioa (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ?led with the court unless required by Fed. R. Civ. P. 4 This summons for (name of individual and ri?e, ifany) was received by me on (date) I personally served the summons on the individual at (place) on (date) 01? C1 I left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; or CI I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) 011 (date) or I returned the summons unexecuted because or Other (speci?v): My fees are for travel and for services, for a total of (100 declare under penalty of perjury that this information is true. Date: Server ?5 signature Printed name and title Server ?5 address Additional information regarding attempted service, etc: Case 2:20-cv-00469 Document 1-3 Filed 02/10/20 Page 1 of 2 A0 440 (Rev. 06f12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of Louisiana Better Choice Foundation BIBXA Mary 0. Coghill Charter School Plaintr??s) v. 3 Civil Action No. Odeans Parish Schooi Board and Dr. Henderson Lewis, Jr., Superintendent, Orleans Parish Public Schools Defendant(s) SUMMONS IN A To: (Defendantis name and address) Dr. Henderson Lewis, Jr., Superintendent - NOLA Public Schools 2401 Westbend Parkway New Orleans, LA 70114 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 (20(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Camille R. Bryant Magdalen Bleesey Sickford McGlinchey Stafford, PLLC 601 Poydras St, Ste 1200 New Orleans, LA 70130 If you fail to reSpond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court CLERK OF COURT Date: Signature ofCIerIc or Deputy Clerk Case 2:20~cv~00469 Document 1-3 Filed 02/10/20 Page 2 of 2 A0 440 (Rev. 06112) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be?led with the court unless required by Fed. R. Civ. P. 4 This summons for (name offna?z?vz?duai and title, ifany) was received by me on (date) I personally served the summons on the individual at apiece} on (date) or I left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; 0r I served the summons on (name of who is designated by law to accept service of process on behalf of (name oforgarziz'arz'on) on (date) or E1 I returned the summons unexecuted because 01? Other (speci?r): My fees are for travel and for services, for a total of {100 I declare under penalty of perjury that this information is true. Date: Server ?5 signature Printed name and title Server ?3 address Additional information regarding attempted service, etc: