Medical Review Panel For The Claim Of Richard Bush, Deceased, Et Al. Pcf No. 2018-01209
Also decided on this docket: La., May 13, 2022
Medical Review Panel For The Claim Of Richard Bush, Deceased, Et Al. Pcf No. 2018-01209, No. 2021-C-00954 (La. Nov. 3, 2021).
Opinion text
Supreme Court of Louisiana
November 03, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MEDICAL REVIEW PANEL FOR THE CLAIM
OF RICHARD BUSH, DECEASED, ET AL. PCF
NO. 2018-01209
No. 2021-C-00954
_ _
_ _ _ _
I
N RE: St. Bernard Parish Hospital Foundation - Applicant Defendant; Dr. Miguel
Aguilera - Applicant Defendant; Applying For Writ Of Certiorari, Parish of St.
Bernard, 34th Judicial District Court Number(s) 19-0107, Court of Appeal, Fourth
Circuit, Number(s) 2020-CA-0468;
_ _ _ _ _ _
November 03, 2021
Writ application granted - See briefing notice and Order.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
11/03/2021 "See News Release 043 for any Concurrences and/or Dissents."
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
Six
th District
Fir
st District
Second District
Third District
Fourth District
Fifth District
Seventh District
JOH
N TARLTON OLIVIER
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TEL
EPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
November 03, 2021
2021-C-00954 MEDICAL REVIEW PANEL FOR THE CLAIM OF
RICHARD BUSH, DECEASED, ET AL. PCF NO. 2018-
01209
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 03, 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 29, 2021; and the respondent on
or before December 20, 2021.
Ora
l 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.
Wi
th kindest regards, I remain,
Ve
ry truly yours,
Th
eresa McCarthy
Second Deputy Clerk
TM: TM
ccs: All Counsel
34th Judicial District Court: 19-0107 - JDC:34th Div:A
Court of Appeal, Fourth Circuit: 2020-CA-0468
11/03/21
SUPREME COURT OF LOUISIANA
No. 2021-C-00954
MEDICAL REVIEW PANEL FOR THE CLAIM OF RICHARD BUSH,
DECEASED, ET AL. PCF NO. 2018-01209
On Writ of Certiorari and/or Review
Thirty-Fourth Judicial District Court, Parish of St. Bernard, No. 19-0107;
Court of Appeal, Fourth Circuit, No. 2020-CA-0468.
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 3rd day of November, in the year of our
Lord, Two Thousand Twenty-One.
_________________________
John Tarlton Olivier
Clerk of Court
__________________________
Deputy Clerk of Court