Suzanne Farrell And Joseph Farrell v. Circle K Stores, Inc. And The City Of Pineville

Supreme Court of Louisiana
November 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SUZANNE FARRELL AND JOSEPH FARRELL
VS.
CIRCLE K STORES, INC. AND THE CITY OF
PINEVILLE
No. 2022-CC-00849
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_ _ _ _
I
N RE: Circle K Stores, Inc. - Applicant Defendant; City of Pineville - Applicant
Defendant; Applying For Supervisory Writ, Parish of Rapides, 9th Judicial District
Court Number(s) 268,374, Court of Appeal, Third Circuit, Number(s) CW 22-
00045;
_ _ _ _ _ _
November 08, 2022
Writ application granted - see briefing notice and Order.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

Sayrcrne 6.su*
STATE OF LOUISIANA
Se{u (Drlearrs
CHIEF JUSTICE
JOHN I- WEIMER
JUSTICES
WILLIAM J, CRAIN
SCOTT J CRICHTON
JAMES T GENOVESE
JAY 8 MCCALLUM
JEFFERSON D, HUGHES IN
PIPER D GRIFFIN
First District
Second District
Third Distict
Fourlh District
Fiflh Oistrict
Sevenih Dishcr
400 Royal Sl Suite 4200
NEW ORLEANS, LA 70130.8102
TELEPHONE (504) 310-2300
HOME PAGE htlp //www lasc or9
2022-CC-00849 SUZANNE FARRELL. ET AL. VS. CIRCLE K STORES.
INC.. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 08,2022
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 tirne
of oral argument will be mailed out.
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 crirninal 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 tirnely 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
tirne of mailing which indicates the date thereof. Any other date stamp, such as a private
cornmercial mail meter stamp, or label fiom 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.
truly yours,
an Chan
Sixlh Drslnct
With kindest regards. I rernain
Deputy Clerk
VERONICA O KOCLANES
CLERK OF COURT
November 08.2022
Please note Section 8 of Rule VII of the Rules of this Court rrrovides that the arrrrlicant
or relator. as the case mav be. must file their briefs on or before December 5.20221
and the respondent on or before December 23,2022.
11/08/22

RC: RC
ccs: Hon. David M. Williarns
Hon. Robin L. Hooter
Hon. Renee R. Simien
David Scott Rainwater
John David Harpole, III
Matthew Louis Nowlin
Randall Brian Keiser
Mary Katherine Cryar
9th Judicial District Court: 268.374
Court of Appeal, Third Circuit: CW 22-00045

SI-IPREME COURT OF LOUISIANA
No. 2022-CC-00849
SUZANNE FARRELL AND JOSEPH FARRELL
VERSUS
CIRCLE K STORES,INC. AND THE CITY OF PINEVILLE
On Supervisory and/or Remedial Writs
Ninth Judicial District Court. Parish of Rapides. No. 268.374:
Court of Appeal, Third Circuit. No. CW 22-00045:
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- "lt is
ordered that the writ of revier.r, issue; that the District Court and the Court of
Appeal send up the record in Duplicate ofthe case; and that counsel for all parties
be notified."
Now, therefore, the said District Court and the Courl 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