2022-C-01288 Precedential Writ granted. Processed

1026 Conti Holding, Llc v. 1025 Bienville, Llc

Louisiana Supreme Court · Filed November 22, 2022

Also decided on this docket: La., May 4, 2023; La., March 17, 2023

Opinion text

Supreme Court of Louisiana
November 22, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
1026 CONTI HOLDING,
LLC VS.
1025 BIENVILLE, LLC
No. 2022-C-01288
_ _
_ _ _ _
I
N RE: 1026 Conti Holding, LLC - A pplicant Plaintiff; Applying For Writ Of
Certiorari, Parish of Orleans Civil, Civil District Court Number(s) 2016-01438, 16-
1438, Court of Appeal, Fourth Circuit, Number(s) 2021-CA-0417;
_ _ _ _ _ _
November 22, 2022
Writ application granted - see briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/22/2022 "See News Release 051 for any Concurrences and/or Dissents."

FoyrDmD6,sa*
STATE OF LOUISIANA
p(uru @iltuns
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
Silth District
First District
Second District
Third District
Fourth District
Fifth District
Seventh District
VERONICA O. KOCI3NES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, IA 70130.8102
TELEPHONE (504) 31 0-2300
HOME PAGE http://www. lasc.org
November 22,2022
2022-C-0 1288 1026 CONTI HOLDING, LLC VS.IO25 BIENVILLE, LLC
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 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 December 19.20221
and the respondent on or before January 6.2023.
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
certificate fromthe United States Postal Service, orbona fide commercial mail services such
as Federal Express or United Parcel Service, made at the time ofmailing which indicates the
date thereof. Any other date stamp, such as aprivate 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 yours,
Chan
RC: RC
Deputy Clerk
11/22/2022

ccs All Counsel
Hon. Paulette Irons
Hon. Chelsey Richard Napolean
Hon. Justin I. Woods, Clerk
Civil District Court:2016-0 1438, 16-1438
Court of Appeal, Fourth Circuit:2021-CA-0417

SUPREME COURT OF LOUISIANA
No.2022-C-01228
1026 CONTI HOLDING,LLC
VERSUS
1025 BIENVILLE, LLC
On Writ of Certiorari and/or Review;
Civil District Court, Parish of Orleans, No.201 6-0 1438;
Court of Appeal, Fourth Circuit, No.2021 -CA-0417.
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 ofNew Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, or
this 22d day of November, in the year of our
Lord, Two Thousand Twenty-Two.
Veronica O. Koclanes
Clerk of Court
Clerk of Court