Pontchartrain Natural Gas System, k/d/s Promix, L.L.C., and Acadian Gas Pipeline System v. Texas Brine Company, LLC

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PONTCHARTRAIN NATURAL GAS NO. 2022 CW 0865
SYSTEM, K/ D/ S PROMIX,

L. L. C., AND ACADIAN GAS
PIPELINE SYSTEM

VERSUS

TEXAS BRINE COMPANY, LLC AUGUST 16, 2022

In Re: Texas Brine Company, LLC, applying for supervisory
writs, 23rd Judicial District Court, Parish of

Assumption, No. 34265.

BEFORE: McDONALD, HOLDRIDGE, AND LANIER, JJ.

WRIT GRANTED. The district court' s August 11, 2022
judgment, granting Legacy Vulcan, LLC' s Motion in Limine to

Preclude Proffer of Evidence Relative to Dismissed Claims is
reversed. Louisiana Code of Civil Procedure article 1636
provides, "[ w] hen the court rules against the admissibility of

any evidence, it shall either permit the party offering such

evidence to make a complete record thereof, or permit the party
to make a statement setting forth the nature of the evidence."

The word " shall" is mandatory. Sanchez v. Georgia Gulf Corp.,
2002- 1617 ( La. App. lst Cir. 8/ 13/ 03), 853 So. 2d 697, 704.

Accordingly, the district court is instructed to allow Texas
Brine Company, LLC to either offer such evidence to make a

complete record thereof or to make a statement setting forth the
nature of the evidence.

JMM
GH
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT