Carl Krielow, Glendon Marceaux, Phillip J. Watkins, and 44 Similarly Situated v. Louisiana Department of Agriculture and Forestry

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CARL KRIELOW, GLENDON NO. 2020 CW 0512
MARCEAUX, PHILLIP J.
WATKINS, AND 44 SIMILARLY
SITUATED PLAINTIFFS

VERSUS

LOUISIANA DEPARTMENT OF SEPTEMBER 03, 2020
AGRICULTURE AND FORESTRY

In Re: Louisiana Department of Agriculture and
Forestry,
Louisiana Rice Promotion Board, and Louisiana Rice
Research Board, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 612, 175.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The district court' s March 12, 2020
judgment, granting plaintiffs' Motion for Partial Summary
Judgment and Motion in Limine to Exclude Evidence of and/ or

Reference to Benefits, denying defendants/ relators, Louisiana
Rice Research Board and Louisiana Rice Promotion Board' s,
Omnibus Motion in Limine, defendants/ relators,
and
denying
Louisiana Rice Research Board, Louisiana Rice Promotion Board,
and Louisiana Department of Agriculture and Forestry' s, Motion

to Exclude Expert Testimony, is vacated.

On October 30, 2019, the district court signed a written

judgment, amending the underlying class action definition,
composition, and notice procedure. A notice of appeal was filed
by defendants on October 1, 2019, and an order of appeal was

signed by the district court on October 3, 2019. This appeal is
currently pending before this court under docket number 2019 CA
1696. Accordingly, as these motions were heard and ruled upon
after the order of appeal, and pursuant to La. Code Civ. P. art.
2088, the district court was divested of jurisdiction to

consider the foregoing motions.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT