Digitech Computers, Inc. v. City of Baton Rouge, Parish of East Baton Rouge

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

DIGITECH COMPUTERS, INC. NO. 2021 CW 1216

VERSUS

CITY OF BATON ROUGE AND OCTOBER 20, 2021
PARISH OF EAST BATON ROUGE

In Re: City of Baton Rouge, Parish of East Baton Rouge,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 657701.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. We find that the
district court erred in ruling that the motion for summary
judgment filed by relator, City of Baton Rouge, Parish of East
Baton Rouge, was not timely. The motion for summary judgment
and supporting documents were electronically received by the
district court and emailed to counsel for plaintiff on August
20, 2021, which was sixty- six days prior to the trial that is
scheduled to begin on October 25, 2021. Service of the motion
and supporting documents by transmitting a copy by electronic

means to the adverse party' s counsel of record not less than

sixty- five days prior to the trial is proper and valid. See La.
Code Civ. P. arts. 966 ( B) ( 1) and 1313 ( A) ( 4) . Further, the notice

of hearing was served by the Sheriff in accordance with La. Code
Civ. P. art. 966( C)( 1)( b) not less than thirty days prior to the
scheduled
hearing. Therefore, the September 29, 2021 judgment
denying relator' s motion for summary judgment as untimely is
vacated. The matter is remanded to the district court for a

contradictory hearing to consider and rule on the merits of

relator' s motion for summary judgment in accordance with La.
Code Civ. P. art. 966( C)( 1) and ( 3).

PMC
JEW
MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT