2023-C-00483 Precedential Writ granted. Processed

Monica Sebble On Behalf Of The Estate Of Vivian Lee Brown (d) v. St. Luke's #2, Llc D/b/a St. Luke Living Center; Wound Care Associates, Llc; And Bridgepoint Healthcare La, Llc D/b/a Bridgepoint Continuing Care Hospital C/w In Re: Medical Review Pane

Louisiana Supreme Court · Filed June 21, 2023

Also decided on this docket: La., December 7, 2023; La., October 20, 2023

Opinion text

Supreme Court of Louisiana
June 21, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MONICA SEBBLE ON BEHALF OF THE
ESTATE OF VIVIAN LEE BROWN (D) VS. ST.
LUKE'S #2, LLC D/B/A ST. LUKE LIVING
CENTER; WOUND CARE ASSOCIATES, LLC;
AND BRIDGEPOINT HEALTHCARE LA, LLC
D/B/A BRIDGEPOINT CONTINUING CARE
HOSPITAL
C/W
IN RE: MEDICAL REVIEW PANEL
PROCEEDING OF VIVIAN LEE BROWN (D)
No. 2023-C-00483
_ _
_ _ _ _
I
N RE: Bridgepoint Healthcare LA, LLC d/b/a Bridgepoint Continuing Care
Hospital - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Orleans
Civil, Orleans Civil District Court Number(s) 2021- 08529 c/w 2021-03362, Court
of Appeal, Fourth Circuit, Number(s) 2022-CA-0620 c/w 2022-CA-0621;
_ _ _ _ _ _
June 21, 2023
Writ application granted - see briefing notice and Order.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
06/21/2023 "See News Release 029 for any Concurrences and/or Dissents."

fiuyrtmt 6.tart
STATE OF LOUISIANA
$etu (Dtleanr
CHIEF JUSTICE
JOHN L WEII\,IER
JUSTICES
WILLIAI,,! J CRAIN
SCOTT J CRICHTON
JAIUES T GENOVESE
JAY B I\,lCCALLUM
JEFFERSON O HUGHES III
PIPER O. GRIFFIN
First Drslrrcl
Second Dlstrlct
Third 0istrict
Fourth District
Fifth Districl
Sevenlh Dlstrct
VERONICA O. KOCLANES
CLERK OF COI]RT
400 Royal St, S!ite 4200
NEW ORLEANS LA 70130.8102
TELEPHONE (s04) 310-2300
HOME PAGE http://wlrrw lasc org
I:une 21.2023
MONICA SEBBLE, ET AL, VS. ST. LUKE'S #2,LLC
D,ts/A ST. LUKE LIVING CENTER. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED June 21,2023
MEMORANDTIM 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 Court provides that the applicant
Sinh District
or relator, as the case may be, must file their briefs on or before July 17,2023: and the
respondent on or before Aueust 7. 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 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 thereoi Any other date stamp, such as b 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 kindest regards, I remain.
Very truly yours,
Ryan Chan
Deputy Clerk
RC: RC
2023-C-00483
06/21/23

ccs: All Counsel
Hon. Rachael Johnson
Hon. Chelsey Richard Napolean
Hon. Justin I. Woods, Clerk
Orleans Civil District Court: 2021-08529 clw 2021-03362
Court of Appeal, Fourth Circuit: 2022-CA-0620 c/w 2022-CA-0621

SUPREME COURT OF LOUISIANA
No.2023-C-00483
MONICA SEBBLE ON BEHALF OF THE
ESTATE OF VTVTAN LEE BROWN (D)
VERSUS
ST. LUKE'S H2,,LLC D/B/A ST. LUKE LMNG CENTER; WOUND CARE
ASSOCIATES, LLC; AND BRIDGEPOINT HEALTHCARE LA, LLC
D/B/A BRIDGEPOINT CONTINUING CARE HOSPITAL
CONSOLIDATE WITH
IN RE: MEDICAL REVIEW PANEL PROCEEDING
oF vrvrAN LEE BROWN (D)
On Writ of Certiorari and/or Review
Orleans Civil District Court, Parish of Orleans, Nos. 2021-08529 clw 2021-03362;
Court of Appeal, Fourth Circuit, Nos. 2022-CA-0620 clw 2022-CA-0621.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, madc and issucd thc fotlowing order, to wit- "lt 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 namc of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordancc with Suprcmc Court Rulc l, at the
City of New Orleans, the record in duplicatc of thc abovc-cntitlcd casc.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 2lsr day ofJune, in the year ofour
Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court