2020-C-00571 Precedential Writ granted. Processed

Clerk of Court For the Court Marty Melerine And Oyster Fisheries, Inc. v. Tom's Marine & Salvage, Llc, Tom's Welding, Inc., Triple T Marine, Llc, Captain James Williams, Allianz Global Risks Us Insurance Company, And Allianz Global Corporate And Spec

Louisiana Supreme Court · Filed October 20, 2020

Also decided on this docket: La., March 24, 2021

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
MARTY MELERINE AND OYSTER
FISHERIES, INC.
VS.
TOM'S MARINE & SALVAGE, LLC, TOM'S
WELDING, INC., TRIPLE T MARINE, LLC,
CAPTAIN JAMES WILLIAMS, ALLIANZ
GLOBAL RISKS US INSURANCE
COMPANY, AND ALLIANZ GLOBAL
CORPORATE AND SPECIALTY SE
No.2020-C-00571
_ _ _ _ _ _
IN RE: Tom's Marine & Salvage, LLC - Applicant Defendant; AGCS Marine
Insurance Company - Applicant Defendant; Applying For Writ Of Certiorari, Parish
of St. Bernard, 34th Judicial District Court Number(s) 17 -0472, Court of Appeal,
Fourth Circuit, Number(s) 2019-CA-0672;
_ _ _ _ _ _
October 20, 2020
Writ application granted.
BJJ
JLW
JDH
SJC
JTG
WJC
JHB
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

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STATE OF LOUISIANA
$ufu (Drlearu
CHIEF JUSTICE
BERNETTE J. JOHNSON
JUSTICES
WILLIAM J, CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAMES H. BODDIE, JR.
JEFFERSON D. HUGHES III
JOHN L. WEIMER
Seventh District
First District
Second District
Third District
Fourth District (pro tempore)
Fifth District
Silth District
JOHN TARLTON OLIVIER
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TELEPHONE (504) 31 0-2300
HOME PAGE http://www.lasc.org
October 20,2020
2020-c-00s7t MARTY MELERINE, ET AL. VS. TOM'S MARINE &
SALVAGE,LLC, ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED October 20,2020
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this Court's next
available docket. A copy of the official docket with the specific date and time of oral argument will be
mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or relator.
as the case mav be, must file their briefs on or before November 16,20201 and the respondent on
or before December 4.2020.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sizedpaper shouldbe
fastened at the top. All briefs should be backed with the customary "Blueback" or other flexible
material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may
subject counsel to a penalty of contempt of Court.
It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely
filed if mailed on or before the due date. If the brief is received by mail on the first legal day following
the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases
where the presumption does not apply, the timeliness ofthe mailing shall be shown only by an official
United States postmark or by official receipt or certificate from the United States Postal Service, or
bona fide commercial mail services such as Federal Express or United Parcel Service, made at the time
of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail
meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only ifreceived by
the clerk on or before the last day of the delay for filing.
With kindest regards, I remain,
truly
TM: TM
All Counsel
34th Judicial District Court: 17-0472 - JDC:34 Div:B
Court of Appeal, Fourth Circuit: 2019-CA-0672
ccs:
Deputy Clerk

SUPREME COURT OF LOUISIANA
No. 2020-C-00571
MARTY MELERINE AND OYSTER FISHERIES, INC.
VERSUS
TOM'S MARINE & SALVAGE, LLC, TOM'S WELDING, INC.,
TRIPLE T MARINE, LLC, CAPTAIN JAMES WILLIAMS,
ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, AND
ALLIANZ GLOBAL CORPORATE AND SPECTALTY SE
On Writ of Certiorari and/or Review
Thirty-Fourth Judicial District Court, Parish of St. Bernard, No. I 7 -0472,
Court of Appeal, Fourth Circuit, No. 2019-CA-0672.
And, whereas, the Court has this date, pursuantto Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit- "lt is
ordered that the writ of review issue; that the District Courl and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all par"ties
be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule l, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 20th day of October, in the year of our
Lord, Two Thousand-TwentY.
John Tarlton Olivier
Clerk of Courl
Deputy Clerk of Co