2021-C-01554 Precedential Writ granted. Processed

Berkley Assurance Company v. Melissa Willis, As Parent/guardian Of Macy Lee Willis, Et Al.

Louisiana Supreme Court · Filed March 22, 2022

Also decided on this docket: La., January 27, 2023; La., December 9, 2022

Opinion text

Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BERKLEY ASSURANCE COMPANY
VS.
MELISSA WILLIS, AS PARENT/GUARDIAN OF
MACY
LEE WILLIS, ET AL.
No. 2021-C-01554
_ _ _ _ _ _
IN RE: Berkley Assurance Company - Applicant Plaintiff; Applying For Writ Of
Ce
rtiorari, Parish of Orleans Civil, Orleans Civil District Court Number(s) 17-8008 ,
Court of Appeal, Fourth Circuit, Number(s) 2020-CA-0354 C /W 2020-CA-035 5;
_ _ _ _ _ _
Mar
ch 22, 2022
Writ application granted - see briefing notic e and Order.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
Supreme Court of Louisiana
March 22, 2022
03/22/2022 "See News Release 012 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
VERO
NICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
TEL
EPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
March 22, 2022
2021-C-01554 BERKLEY ASSURANCE COMPANY VS. MELISSA WILLIS,
AS PARENT/GUARDIAN OF MACY LEE WILLIS, ET AL.
NOTE
: FOR BRIEFING PURPOSES WRIT GRANTED March 22, 2022
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 April 18, 2022; and the respondent on or before
May 6, 2022.
Or
al 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,
Ry
an Chan
Deputy Clerk
RC: RC
ccs: All Counsel
Hon. Kern A. Reese, Jr.
Hon. Chelsey Richard Napolean
Hon. Justin I. Woods, Clerk
Orleans Civil District Court: 17-8008
Court of Appeal, Fourth Circuit: 2020-CA-0354 C/W 2020-CA-0355
03/22/22

SUPREME COURT OF LOUISIANA
No. 2021-C-01554
BERKLEY ASSURANCE COMPANY
VERSUS
MELISSA WILLIS, AS PARENT/GUARDIAN
OF MACY LEE WILLIS, ET AL.
CONSOLIDATED WITH
BERKLEY ASSURANCE COMPANYVERSUS
MELISSA WILLIS, AS PARENT/GUARDIAN
OF MACY LEE WILLIS, ET AL.
On Writ of Certiorari and/or Review;
Civil District Court, Parish of Orleans, No. 17-8008;
Court of Appeal, Fourth Circuit, Nos. 2020-CA-0354 C/W 2020-CA-0355.
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 22nd day of March, in the year of our
Lord, Two Thousand Twenty-Two.
_________________________
Veronica O. Koclanes
Clerk of Court
__________________________
Deputy Clerk of Court