Jacob Augustine And Brandi Augustine v. Safeco Insurance Company Of Oregon And James Brown

Supreme Court of Louisiana
March 22, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JACOB AUGUSTINE AND BRANDI
AUGUSTINE
VS.
SAFECO INSURANCE COMPANY OF
OREGON AND JAMES BROWN
No. 2021-CC-01753
_ _ _ _ _ _
IN RE: Ja
mes Brown - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Civil, Orleans Civil District Court Number(s) 2019- 06356, Court of
Appeal, Fourth Circuit, Number(s) 2021-C-0482;
_ _ _ _ _ _
March 22, 2022
Writ application granted - see briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
03/22/2022 "See News Release 012 for any Concurrences and/or Dissents."

Supreme Court
STATE OF LOUISIANA
New Orleans
CHI
EF JUSTICE
JOHN L. WEIMER Sixth District VERONICA O. KOCLANES
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
March
22, 2022
Re: JACOB AUGUSTINE ET AL.
VS. SAFECO INSURANCE
COMPANY OF OREGON ET
AL.
2021-CC-1753
Dear Counsel,
T
he 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.
O
n the basis of preliminary analysis, the Court has tentatively concluded it will be
appropriate to decide this case summarily and without an authored opinion.
A
fter 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.
W
ith kindest regards, I remain,
V
ery truly yours,
Ry
an Chan
Deputy Clerk
cc: All counsel.
03/22/22

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

VERONICA O. KOCLANES
CLERK OF COURT

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

TELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
March 22, 2022

2021-CC-01753 JACOB AUGUSTINE ET AL. VS. SAFECO INSURANCE
COMPANY OF OREGON 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.

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 certificat e 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
Hon. D. Nicole Sheppard
Hon. Chelsey Richard Napolean
Hon. Justin I. Woods, Clerk
Orleans Civil District Court: 2019-06356
Court of Appeal, Fourth Circuit: 2021-C-0482

SUPREME COURT OF LOUISIANA
No. 2021-CC-01753
JACOB AUGUSTINE AND BRANDI AUGUSTINE

VERSUS
SAFECO INSURANCE COMPANY OF OREGON AND JAMES BROWN

On Supervisory and/or Remedial Writs;
Civil District Court, Parish of Orleans, No. 2019-06356;
Court of Appeal, Fourth Circuit, No. 2021-C-0482.

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