In the Matter of Charles L. Trichell and Spencer H. Calahan

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

IN THE MATTER OF CHARLES L. NO. 2022 CW 0573
TRICHELL AND SPENCER H.
CALAHAN

MAY 31, 2022

In Re: Spencer H. Calahan, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 706757.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The trial court did not abuse its discretion

in denying the motion seeking a continuance of the trial in this
matter. Counsel for relator agreed to the trial date set forth
in the case management order without ascertaining the

availability of relator. I: i addition, despite the fact that
counsel for relator had issu d a notice of depositions set to

occur on May 10, 2022, counse
L agreed to a discovery cutoff date
of May 4, 2022.

JEW

Theriot, J., concurs and would deny the writ. The criteria
set forth in Herlitz Construction Co., Inc. v. Hotel Investors
of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are

not met.

McClendon, J., dissents in part and concurs in part. While
I concur in the denial of the writ as to the denial of the
motion for contempt, I dissent and would grant the motion

seeking a continuance of the trial. The objectives of the
Louisiana discovery process are " afford[ ing] all parties a fair

opportunity to obtain facts pertinent to the litigation,"
discover[ ing] the true facts and compel[ ling] disclosure of

these facts wherever they may be found," and " assist[ ing]
litigants in their for trial."
preparing cases
Discovery
statutes are to be " liberally and broadly construed to achieve

their] intended objectives." Hicks v. USAA Gen. Indem. Co.,
2021- 00840 ( La. 3/ 25/ 22), 2022 WL 884028. The parties herein
continued to discovery and
engage in should be allowed the

opportunity to complete such discovery.

COURT OF APPEAL, FIRST CIRCUIT

I•
DEPUTY CLERK OF COURT
FOR THE COURT