SABIC Petrochemicals Holding US, Inc. v. Williams Olefins, L.L.C. and The Williams Companies, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SABIC PETROCHEMICALS HOLDING NO. 2020 CW 1094
US, INC.

VERSUS

WILLIAMS OLEFINS, L. L. C. AND NOVEMBER 06, 2020
THE WILLIAMS COMPANIES, INC.

In Re: Sabic Petrochemicals Holding US, Inc., applying for

supervisory writs, 18th Judicial District Court,
Parish of Iberville, No. 76975.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The district court' s November 4,
2020 judgment which struck the jury is reversed. It is
undisputed that both parties herein perfected their right to a

trial by jury prior to the October 2019 trial, pursuant to the
district court` s order setting the jury bond at $ 5, 000. The
subsequent order setting a new trial date did not modify or

annul that prior jury bond amount, but provided that the
provisions of the Louisiana Code of Civil Procedure governed

jury costs and bond. Defendants herein timely posted the jury
bond no later than sixty days prior to trial in the amount

previously set by the district court in advance of the November
9, 2020 trial. While defendants thereafter filed a motion on

November 2, 2020 to strike the jury, we find, at a minimum,

plaintiff had ten days from such request to file the bond. La.
Code Civ. P. art. 1734. Accordingly, this matter is remanded to
the district instructions to the for
court with reinstate
jury
the trial scheduled to begin on November 9, 2020, subject to
plaintiff, Sabic Petrochemicals Holdings US, Inc., posting the

jury bond in the amount of $ 5, 000.

JMG
PMC
WIL

COURT OF APPEAL, FIRST CIRCUIT

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