Rosemary Gagliano v. Valero Refining Meraux, L.L.C.

Supreme Court of Louisiana
September 20, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ROSEMARY GAGLIANO
VS.
VALERO REFINING MERAUX, L.L.C.
No. 2022-CC-00730
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I
N RE: Valero Refining Meraux, L.L.C. - Applicant Defendant; Applying For
Supervisory Writ, Parish of St. Bernard, 34th Judicial District Court Number(s) 21-
1172, Court of Appeal, Fourth Circuit, Number(s) 2022-C-0124;
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September 20, 2022
Writ application granted. See briefing notice and Order.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
09/20/2022 "See News Release 041 for any Concurrences and/or Dissents."

fiayrtmt Awrt
STATE OF LOUISIANA
Sefu (Drleatrr
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
Sixth District
First District
Second District
Third District
Fourth District
Fifth District
Seventh District
VERONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 701 30-81 02
TELEPHONE (s04) 31 0-2s00
HOME PAGE http://www. lasc.org
September 20,2022
2022-CC-00730 ROSEMARY GAGLIANO VS. VALERO REFINING
MERAUX,L.L.C.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED September 20,2022
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 Cou4 provides that the applicant or relator. as
the case mav be. must file their briefs on or before October 17.2022: and the respondent on or before
November 4.2022.
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 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 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 if received by the
clerk on or before the last day of the delay for filing.
With kindest regards, I remain,
truly
Deputy Clerk
TM: TM
ccs: All Counsel
Hon. Darren M. Roy
Hon. Randy S. Nunez
Hon. Justin L Woods, Clerk
34th Judicial District Courti 2l-1172
Court of Appeal, Fourth Circuit 2022-C-0124
09/20/22

SUPREME COURT OF LOUISIANA
No. 2022-CC-00730
ROSEMARY GAGLIANO
VERSUS
VALERO REFINING MERAUX, L.L.C.
rhirry-F ourth rufli i HTi:; S#LTf,?lt y.T'*, No 2 t - n 7 2 ;
Court of Appeal, Fourth Circuit, No. 2022-C-0124.
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 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 20th day of September, in the year of our
Lord, Two Thousand Twenty-Two.
(^
Deputy Clerk Court