Scott Wesley Eastman, Et Ux. v. State Farm Mutual Automobile Insurance Company, Et Al.
Also decided on this docket: La., June 27, 2024; La., May 10, 2024
Scott Wesley Eastman, Et Ux. v. State Farm Mutual Automobile Insurance Company, Et Al., No. 2023-C-01107 (La. Nov. 21, 2023).
Opinion text
Supreme Court of Louisiana
November 21, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SCOTT WESLEY EASTMAN, ET UX.
VS.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, ET AL.
No. 2023-C-01107
_ _
_ _ _ _
I
N RE: Jillian Peterson - Applicant Defendant; State Farm Mutual Automobile
Insurance Company - Applicant Defendant; Applying For Writ Of Certiorari, Parish
of Calcasieu, 14th Judicial District Court Number(s) 16- 4474, Court of Appeal,
Third Circuit, Number(s) 22-712;
_ _ _ _ _ _
November 21, 2023
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
11/21/2023 "See News Release 051 for any Concurrences and/or Dissents."
Supreme Court
STATE OF LOUISIANA
New Orleans
C
HIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J. CRICHTON
JAMES T. GENOVESE
JAY B. MCCALLUM
JEFFERSON D. HUGHES III
PIPER D. GRIFFIN
S
ixth District
F
irst District
Second District
Third District
Fourth District
Fifth District
Seventh District
V
ERONICA O. KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130-8102
T
ELEPHONE (504) 310-2300
HOME PAGE http://www.lasc.org
November 21, 2023
2023-C-01107 SCOTT WESLEY EASTMAN, ET UX. VS. STATE
FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, ET AL.
NOTE: F
OR BRIEFING PURPOSES WRIT GRANTED November 21, 2023
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 Court provides that the applicant or
relator, as the case may be, must file their briefs on or before December 18, 2023; and the
respondent on or before January 5, 2024.
Oral argum
ent 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.
Regards,
Katie Marja
novic
Chief Deputy Clerk of Court
ccs: All Counsel
Hon. Robert L. Wyatt
Hon. H. Lynn Jones, II
Hon. Renee R. Simien
14th Judicial District Court: 16-4474
Court of Appeal, Third Circuit: 22-712
11/21/2023
SUPREME COURT OF LOUISIANA
No. 2023-C-01107
SCOTT WESLEY EASTMAN, ET UX.
VERSUS
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, ET AL.
On Writ of Certiorari and/or Review
Fourteenth Judicial District Court, Parish of Calcasieu, No. 16-4474;
Court of Appeal, Third Circuit, No. 22-712.
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 21ST day of November, in the year of
our Lord, Two Thousand Twenty-Three.
_________________________
Katie R. Marjanovic
Chief Deputy Clerk of Court
11/21/2023