2022-C-00961 Precedential And as. Processed

Cd, Individually And On Behalf Of The Minor, Sd v. Sc, Individually And As The Parent And Guardian Of Dj, Rock Solid Camps, Llc And State Of Louisiana, Department Of Health And Hospitals, In Solido

Louisiana Supreme Court · Filed November 8, 2022

Also decided on this docket: La., June 27, 2023

Opinion text

Supreme Court of Louisiana
November 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CD, INDIVIDUALLY AND ON BEHALF OF THE
MINOR, SD
VS.
SC, INDIVIDUALLY AND AS
THE PARENT
AND GUARDIAN OF DJ, ROCK SOLID CAMPS,
LLC AND STATE OF LOUISIANA,
DEPARTMENT OF HEALTH AND HOSPITALS,
IN SOLIDO
No. 2022-C-00961
_ _
_ _ _ _
I
N RE: CD, individually and on behalf of the minor, SD - Applicant Plaintiff;
Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District Court
Number(s) 551,260, Court of Appeal, Second Circuit, Number(s) 54,158-CA;
_ _ _ _ _ _
November 08, 2022
Writ application granted - see briefing notice and Order.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

$uywmt Awrl
STATE OF LOUISIANA
Sefu (Drleunr
CHIEF JUSTICE
JOHN L WEIMER
JUSTICES
WILLIAM J CRAIN
SCOTT J CRICHTON
JAI\4ES T GENOVESE
JAY 8 MCCALLUT'
JETFERSON D. HUGHES III
PIPER D GRIFFIN
First Drstricl
Second Dislrict
Thnd Distct
Fourth Dlstr ct
Fifth Drslricl
Seventh D str ct
VERONICA O KOCLANES
CLERK OF COURT
400 RoyalSt. Suite 4200
NEW ORLEANS LA 70130-8102
TELEPHONE (504) 310-2300
HOIVIE PAGE http //www lasc org
November 08.2022
2022-C-00961 CD, ET AL. VS. SC. ET AL
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 08,2022
MEMORANDTA4 TO COLNSEL 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 specif,rc 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
Sixth Distrct
or relator. as the case may be, must file their briefs on or before December 5,,2022t
and the respondent on or before December 23 .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
Cour1.
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 cerlificate 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
ifreceived by the clerk on or before the last day ofthe delay for filing.
Very truly yours,
.Yan han
With kindest regards. I rernarn.
Deputy Clerk
11/08/22

RC: RC
ccs: Hon. Mike Spence
Hon. Robin Norman Jones
Kyle M. Robinson
Joseph Chancellor Nerren
Mark Alan Perkins
Jeflrey Martin Landry
Ronald Forrest Lattier
SC, individualty and as the Parent and Guardian of DJ
Court ofAppeal. Second Circuit: 54,158-CA

ST]PREME COURT OF LOUISIANA
No. 2022-C-00961
CD,INDIVIDUALLY AND ON BEHALF OF THE MINOR, SD
VERSUS
SC. INDIVIDUALL AND AS THE PARENT AND CUARDIAN OF
DJ, ROCK SOLID CAMPS, LLC AND STATE OF LOUISIANA;
DEPARTMENT OF HEALTH AND HOSPITALS,IN SOLIDO
On Writ of Certiorari and/or Review
First Judicial District Courl, Parish of Caddo, No. 55,l,260;
Court of Appeal. Second Circuit, No. 54.158-CA;
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 revieu, issue: that the District Court and the Court of
Appeal send up the record in Duplicate ofthe case: and that counsel fbr 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 l, 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 8th day of November, in the year of our
Lord, Two Thousand Twenty-Two.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court