Cindy Planchard v. New Hotel Monteleone, Llc

Supreme Court of Louisiana
May 04, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CINDY PLANCHARD
VS.
NEW HOTEL MONTELEONE, LLC
No. 2021-CC-00347
_ _
_ _ _ _
I
N RE: New Hotel Monteleone, LLC - Applicant Defendant; Applying For
Supervisory Writ, Parish of Orleans Civil, Orleans Civil District Court Number(s)
2018-6565, Court of Appeal, Fourth Circuit, Number(s) 2021-C-0019;
_ _ _ _ _ _
May 04, 2021
Writ application granted. See briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
05/04/2021 "See News Release 018 for any Concurrences and/or Dissents."

Suyrwne Osarl
STATE OF LOUISIANA
$etu (Drleanu
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 Districl
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 701 30.81 02
TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
May 04.2021
202t-cc-00347 CINDY PLANCHARD VS. NEW HOTEL
MONTELEONE. LLC
NOTE: FOR BzuEFING PURPOSES WzuT GRANTED May 04,2021
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 oralargument will
be rnailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or
relatqt as the case gay be, qlust file their briefs on or before June l, 2021; and the
respondent on or before June 18.2021.
Oral argument will be waived if brief is untirnely 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 rnail on the first legal day
following the expiration of the delay, there shall be a rebuttable presumption that it was tirnely
filed. In all cases where the presumption does not apply, the timeliness of the rnailing 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 rnailing 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 shallbe deemed timely filed only ifreceived
by the clerk on or before the last day of the delay for filing.
With kindest regards. I rernain"
Very,,
Nathan
Deputy Clerk
All Counsel
Orleans Civil District Court: 2018-6565 - Div:D
Court of Appeal, Fourth Circuit: 2021-C-0019
ccs

Supreme @ourt
STATE OF LOUISIANA
JBeln @rlecrtts
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
NEWORLEANS, LA 70130.8102
TELEPHONE
HOME PAGE
(504) 31 0-2300
http://www.lasc. org
May 4,2021
CINDY PLANCHARD VS.
NEW HOTEL MONTELEONE,
LLC
2021-cc-0347
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.
After 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 kindest regards, I remain,
very
N J
Deputy Clerk
Re
cc: All counsel.

SUPREME COURT OF LOUISIANA
No. 2021-CC-00347
CINDY PLANCHARD
VERSUS
NEW HOTEL MONTELEONE, LLC
On Supervisory and/or Remedial Writs
Civil District Court, Parish of Orleans, No. 2018-6565,
Court of Appeal, Fourth Circuit, No. 2021-C-0019.
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- "lt 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 Couft, in accordance with Suprerne 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 4th day of Muy, in the year of our Lord,
Two Thousand Twenty-One.
John Tarlton Olivier
Clerk of Court
of Court