Cynthia A. Gros v. Baton Rouge Rehabilitation Hospital, LLC, d/b/a Baton Rouge Rehab Hospital

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

CYNTHIA A. GROS NO. 2020 CW 0279

VERSUS

BATON ROUGE REHABILITATION
HOSPITAL, LLC, D/ B/ A BATON
ROUGE REHAB HOSPITAL
MAY 12 2020

In Re: Baton Rouge Rehabilitation Hospital, applying for

supervisory writs, 19th Judicial District Court, Parish

of East Baton Rouge, No. 628, 887

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED WITH ORDER. The district court' s January 8,

2020 order, granting plaintiff, Cynthia A. Gros' s, Motion to

Compel the Discovery Responses of Baton Rouge Rehabilitation
Hospital, is vacated. As the requested discovery items are not
ones in which Gros is clearly entitled to without supporting
proof, the district court erred granting the motion ex parte and

without an opposition from defendant, Baton Rouge Rehabilitation
Hospital d/ b/ a Baton Rouge Rehab Hospital. See La. Code Civ. P.

art. 963. Accordingly, the district court is ordered to set

Gros' s Motion to Compel for a contradictory hearing, and to
allow an opposition from Baton Rouge Rehabilitation Hospital.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

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V*17E PUTf tLEAOF COURT
FOR THE COURT