Michael Miazza, Individually and on behalf of all others similarly situated v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

MICHAEL MIAZZA, INDIVIDUALLY AND NO. 2021 CW 0750
ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED

VERSUS

BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY AND

AGRICULTURAL AND MECHANICAL
COLLEGE

CONSOLIDATED WITH

TAYLOR GUNTER, INDIVIDUALLY AND

ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED

VERSUS

LOUISIANA STATE UNIVERSITY
SYSTEM, AND OTHER AFFILIATED
ENTITIES AND INDIVIDUALS MARY L.
WERNER, ROBERT S. DAMPF, JAMES M.
WILLIAMS, RONALD R. ANDERSON, LEE
MALLETT, RICHARD E. ZUSCHLAG,
JACK A. BLOSSMAN, REMY VOISIN
STARNS, JIMMIE M. WOODS, GLENN
ARMENTOR, VALENCIA S. JONES, B.
WAYNE BROWN, PATRICK C. MORROW, JULY 13, 2021
RAYMOND R. MORRIS AND COLLIS B.
TEMPLE

In Re: Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, Nos. 696918, 698930.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. We vacate the
portions of the trial court' s June 11, 2021 judgment which

granted the plaintiff, Michael Miazza' s, Motion to Compel and
denied the defendant, the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College' s
LSU' s) Motion for Protective Order and/ or to Stay Discovery.
The orders applied for by these motions are not orders to
which the movers are clearly entitled to, and therefore, the
trial court erred in on the motions
ruling without a

contradictory hearing. See La. Code Civ. P. art. 963.
Accordingly, this matter is remanded to the trial court with

instructions to set plaintiff' s Motion to Compel and

defendant' s Motion for Protective Order to
and/ or
Stay
Discovery for contradictory hearings.

VGW
JEW
EW

COURT OF APPEAL, FIRST CIRCUIT

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