Stephen F. Hurstell v. Benjamin J. Legett

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STEPHEN F. HURSTELL NO. 2021 CW 1037

VERSUS

BENJAMIN J. LEGETT NOVEMBER 9, 2021

In Re: Stephen F. Hurstell, for
applying supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 2011- 13702.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED IN PART WITH ORDER; WRIT DENIED IN PART. We
deny the writ application to the extent that plaintiff, Stephen
Hurstell, sought all documents contained in the six boxes of
files in possession of defendant' s counsel, as that request is
overly broad and the trial court did not abuse its discretion in
denying that request. However, to the extent plaintiff, Stephen
Hurstell, identified specific documents in subparagraphs a), b),
c), and d) of his requests, we find that plaintiff has shown
that information is relevant to his claims against defendant,
Benjamin Legett. We further find that under La. Code Civ. P.
art. 1424( C), defendant has failed to either furnish those
documents or properly assert a privilege as to such documents,
because he has not produced a privilege log describing the
nature of the documents, communications, or things not produced
or disclosed in a manner that, without information
revealing
itself privileged or protected, will enable plaintiff to assess
the applicability of the privilege or protection. Therefore, we
reverse in part the trial court' s April 8, 2021 ruling denying
plaintiff, Stephen Hurstell' s, motion to compel, and order that
defendant, Benjamin Legett, produce any non - privileged documents
requested by plaintiff in subparagraphs a), b), c), and d) of
his request for production of documents, and with regard to any
responsive documents withheld in response to plaintiff' s request
for production of documents on the basis of privilege, defendant
submit a privilege log compliant with La. Code Civ. P. art.
1424( C) to plaintiff, Stephen Hurstell, on or before December
20, 2021.

PMC
JEW
MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT
FOR THE COURT