Zach Bellard v. Atk Construction, Llc, Et Al.

Supreme Court of Louisiana
February 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ZACH BELLARD
VS.
ATK CONSTRUCTION, LLC, ET AL.
No. 2022-C-01715
_ _
_ _ _ _
I
N RE: Doug Ashy Building Materials, Inc. - Applicant Defendant; Applying For
Writ Of Certiorari, Parish of Lafayette, 15th Judicial District Court Number(s) 2019-
2438, Court of Appeal, Third Circuit, Number(s) 22-306;
_ _ _ _ _ _
February 07, 2023
Writ application granted - see briefing notice and Order.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
02/07/2023 "See News Release 006 for any Concurrences and/or Dissents."

$uywmt 6tuil
STATE OF LOUISIANA
.tie{u (Drleuns
Firsl Dislflct
Second Orslncl
Third Drslrlcl
Fourlh Distrrcl
Fflh Districl
Seventh Drstrrcl
VERONICA O KOCLANES
CLERK OF COURT
400 RoyalSt Slile 4200
NEW ORLEANS, LA 70130,8102
TELEPHONE (504) 310-2300
HOME PAGE hllp //www lasc org
Februarv 07.2023
2022-C-017 t5
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED Februarv 07.2023
MEMORANDIA4 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',vith the specific date and time
of oral argument will be mailed out.
Please note Section 8 of Rule Vll of the Rules of this Court rrrovides that the a DDlic a n t
Sixth Drstrct
or relator. as the case mat' be, must file their briefs on or before March 6, 2023; and
the resDondent on or before March 24,2023.
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 lurther 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
certitlcate 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 rnailing 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 if
received by the clerk on or before the last day ofthe delay for filing.
With kindcst regards. I retnain.
o
k
RC:RC
rS
CHIEF JUSTICE
JOHN L WEIMER
JUSTICES
WILLIAM J CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY 8, MCCALLUI\.,I
JEFFERSON D HUGHES III
PIPER D GRIFFIN
ZACH BELLARD VS. ATK CONSTRUCTION, LLC, ET
AL.
02/07/23

ccs: All Counsel
Hon. Thomas R. Duplantier
Hon. Louis J. Perret
Hon. Renee R. Simien
15th Judicial District Court: 2019-2438
Court of Appeal, Third Circuit 22-306

SUPREME COURT OF LOUISIANA
No. 2022-C-01715
ZACH BELLARD
VERSUS
ATK CONSTRUCTION, LLC, ET AL.
On Writ of Certiorari and/or Review
Fifteenth Judicial District Court, Parish of Lafayette, No.2019-2438;
Court of Appeal, Third Circuit, o. 22-306.
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 CoUti of
Appeal send up the record in Duplicate of the case; and that counsel for all pa1iies
be notified."
ow, 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 Cou1i, in accordance with Supreme Court Rule I, 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 7th day of February, in the year of our
Lord, Two Thousand Twenty-Three.
Veronica 0. Koclanes
Clerk of Court
02/07/23