Opinion
CIVIL ACTION NO. 03-589-B-M.
October 23, 2008
Jill L. Craft, Bar Roll No. 20922, Baton Rouge, Louisiana, Attorney for Plaintiffs.
STIPULATED, CONSENTED TO, AND AGREED: Mary G. Erlingston, Crawford and Lewis, P.L.L.C., Baton Rouge, LA, Attorney for Sheriff Gautreau, Successor to Sheriff Litchfield and Phares.
Allison A. Fitzgerald, Kathy D. Williams, Bar Roll No. 17282, Allison A. Fitzgerald, Bar Roll No. 29498, Baton Rouge, Louisiana, Attorneys for Michael Edmonson, Successor to Henry Whitehorn, Louisiana State Police.
Kenneth M. Henke, Bar Roll No. 06786, Oats Hudson, Gordon Square, Lafayette, Louisiana. Attorney for Sheriff Hebert, Acadiana Criminalistics Laboratory.
Mary E. Hunley, Burton P. Guidry, Bar Roll No. 6439, Mary E. Hunley, Bar Roll No. 8419, Baton Rouge, Louisiana, Louisiana Department of Justice.
ORDER
Upon consideration of the record of these proceedings, the receipt by counsel for the plaintiffs of Affidavits attesting to destruction of the "DNA material" as defined by the Consent Order rendered May 31, 2006, and the consent to entry of this Order as represented by the signatures of the defendants and their counsel set forth below;
IT IS ORDERED that this matter be and is hereby dismissed, with prejudice with each party to bear their respective costs, save and except the continuing jurisdiction afforded this Court pursuant to the provisions of the Consent Order rendered May 31, 2006, including also the Orders of this Court entered prohibiting dissemination of the DNA or analysis thereof (Docket numbers 33 and 91) and as also described in the matter entitled Arnone, et al. v. Whitehorn, et al., Civil Action #04-758-B-M1 on the docket of the United States District Court for the Middle District of Louisiana, as specifically referenced and set forth in paragraphs 3 and 13 of the Consent Order rendered May 31, 2006.