Rafael Antonio Mena Chavez A/k/a Sergio Balboa, Individually And On Behalf Of His Minor Children, Ingrid Mena Perez And Kelvin Perez And Plaintiff-intervenors Emr (usa Holdings), Inc., And Southern Recycling, Llc v. Metso Minerals Industries, Inc. N/

Supreme Court of Louisiana
December 19, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RAFAEL ANTONIO MENA CHAVEZ A/K/A
SERGIO BALBOA, INDIVIDUALLY AND ON
BEHALF OF HIS MINOR CHILDREN,
INGRID MENA PEREZ AND KELVIN PEREZ
AND PLAINTIFF-INTERVENORS EMR (USA
HOLDINGS), INC., AND SOUTHERN
RECYCLING, LLC
VS.
METSO MINERALS INDUSTRIES, INC. N/K/A
METSO OUTOTECH USA, INC. AND ABC
INSURANCE COMPANY
No. 2023-CC-01029
_ _
_ _ _ _
IN
RE: Metso Minerals Industries, Inc. n/k/a Metso Outotech USA, Inc. - Applicant
Defendant; Applying For Supervisory Writ, Parish of Orleans Civil, Orleans Civil
District Court Number(s) 2018-09481, Court of Appeal, Fourth Circuit, Number(s)
2023-C-0344;
_ _ _ _ _ _
December 19, 2023
Writ application granted - see briefing notice and Order.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
12/19/2023 "See News Release 055 for any Concurrences and/or Dissents."

puyrcmt 6nuil
STATE OF LOUISIANA
fretu (Drleuns
Ftst District
S€cond District
Third District
Founh Districr
Fifth Oistrict
Sev6nth OiBtrict
Sixth Oistrict VERONICA O, KOCLANES
CLENK OF COUNT
400 Royal St., Suite 4200
NEW ORLEANS, LA 70130.8102
TELEPHONE {504) 310,2300
HOME PAGE hnp/www.lasc.org
December 19. 2023
2023-CC-01029 RAFAEL ANTONIO MENA CHAVEZ. ET AL, VS
METSO MINERALS INDUSTzuES. INC. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED December 19.2023
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.
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 fited. 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 ofthe delay for filing.
Re ards.
Yan Chan
Deputl'Clerk
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIAM J, CNAIN
SCOTTJ. CRICHTON
JAMES T. GENOVESE
JAY B, MCCALLUM
JEFFERSON D, HUGHES III
PIPER O, GRIFFIN
Please note Section 8 of Rule VII of the Rules of this Court nrovides that the arlrrlicant
or relator, as the case may be. must file their briefs on or before Januarv 16.2024r and
the resrrondent on or before Februarv 2.2024.
12/19/23

RC: RC
ccs: All Counsel
Hon. Kern A. Reese
Hon. Chelsey Richard Napolean
Hon. Justin L Woods, Clerk
Orleans Civil District Court: 201 8-09481
Court of Appeal, Fourth Circuit: 2023-C-0344

SUPREME COURT OF LOUISIANA
No. 2023-CC-01029
RAFAEL ANTONIO MENA CHAVEZ A/K/A SERGIO BALBOA,
INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN,INGRID
MENA PEREZ AND KELVIN PEREZ AND PLAINTIFF-INTERVENORS
EMR (USA HOLDINGS), INC., AND SOUTHERN RECYCLING, LLC
VERSUS
METSO MINERALS INDUSTRIES,INC. N/K/A METSO OUTOTECH
USA,INC. AND ABC INSURANCE COMPANY
On Supervisory and/or Remedial Writs;
Orleans Civil District Court, Parish of Orleans, No. 2018-0948 I ,
Court of Appeal, Fourth Circuit, No. 2023-C-0344.
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following ordcr, to wit- "lt is
ordered that thc writ of review issuc: that the District Court and thc Court of
Appeal send up the record in Duplicate of thc case; and that counsel for all parties
be notified."
Now, therefore, thc said District Court and the Court of Appeal is hereby
commanded, in the name of the Statc of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule l, at thc
Witne ss the Honorablc Justices of the
Supreme Court of the State of Louisiana, on
this l9'h day of Deccmber, in thc year of our
Lord, Two Thousand Twenty-Three.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court
City of New Orleans, thc record in duplicate of the abovc-entitled case.