Kimberly Brooke Labauve, Et Al. v. Louisiana Medical Mutual Ins. Co., Et Al.

Supreme Court of Louisiana
October 05, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KIMBERLY BROOKE LABAUVE, ET AL.
VS.
LOUISIANA MEDICAL MUTUAL INS. CO., ET
AL.
No. 2021-C-00763
_ _
_ _ _ _
I
N RE: Dr. Darryl Elias, Jr. - Applicant Defendant; LHA Physicians' Trust Fund -
Applicant Defendant; Applying For Writ Of Certiorari, Parish of Jefferson Davis,
31st Judicial District Court Number(s) C -249-14, Court of Appeal, Third Circuit,
Number(s) 19-848;
_ _ _ _ _ _
October 05, 2021
Writ application granted - see briefing notice and Order.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
10/05/2021 "See News Release 040 for any Concurrences and/or Dissents."

Supreme Court
S TATE OF LOUISIANA
New Orleans
CHIE
F JUSTICE
JOHN L. WEIMER Sixth District JOHN TARLTON OLIVIER
JUSTICES CLERK OF COURT
WILLIAM J, CRAIN First District
SCOTT J. CRICHTON Second District 400 Royal St., Suite 4200
JAMES T. GENOVESE Third District NEW ORLEANS, LA 70130 -8102
JAY B. MCCALLUM. Fourth District
JEFFERSON D. HUGHES III Fifth District TELEPHONE (504) 310- 2300
PIPER D. GRIFFIN Seventh District HOME PAGE http://www.lasc.org
Oct
ober 5, 2021
Re:
KIMBERLY BROOKE
LABAUVE, ET AL. VS.
LOUISIANA MEDICAL
MUTUAL INS. CO., ET AL.
2021-C-763
Dear Counsel,
The
Court has this day granted the writ application filed in the above-captioned case. You
will be advised at a later date when the case is set on the docket.
On the
basis of preliminary analysis, the Court has tentatively concluded it will be
appropriate to decide this case summarily and without an authored opinion.
Af
ter more intensive study of the merits of the case, and consideration of oral argument,
the Court may adhere to its tentative decision or may assign the case for an authored
opinion.
With k
indest regards, I remain,
Ve
ry truly yours,
Ryan
Chan
Deputy Clerk
cc: All counsel.
10/05/21

Supreme Court
STATE OF LOUISIANA
New Orleans

CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN

Sixth District

First District
Second District
Third District
Fourth District
Fifth District
Seventh District

JOHN TARLTON OLIVIER
CLERK OF COURT

400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102

TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
October 05, 2021

2021-C-00763 KIMBERLY BROOKE LABAUVE, ET AL. VS.
LOUISIANA MEDICAL MUTUAL INS. CO., ET AL.

NOTE: FOR BRIEFING PURPOSES WRIT GRANTED October 05, 2021

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 may be, must file their briefs on or before November 1, 2021;
and the respondent on or before November 19, 2021.

Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be 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 of the
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 if
received by the clerk on or before the last day of the delay for filing.

With kindest regards, I remain,

Very truly yours,

Ryan Chan
Deputy Clerk

RC: RC

ccs: All Counsel
31st Judicial District Court: C-249-14 - JDC:31st
Court of Appeal, Third Circuit: 19-848

SUPREME COURT OF LOUISIANA
No. 2021-C-00763
KIMBERLY BROOKE LABAUVE, ET AL.

VERSUS
LOUISIANA MEDICAL MUTUAL INS. CO., ET AL.

On Writ of Certiorari and/or Review
Thirty-First Judicial District Court, Parish of Jefferson Davis, No. C-249-14;
Court of Appeal, Third Circuit, No. 19-848.

And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit— “It is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
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 1, 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 5th day of October, in the year of our
Lord, Two Thousand Twenty-One.

_________________________
John Tarlton Olivier
Clerk of Court

__________________________
Deputy Clerk of Court