Huberto Martinez v. American Transport Group Risk Retention Group, Inc., Salah Dahir And Starr Carriers, Llc C/w Ada Licona, Rosa Rivera And Salbador Flores Vs. American Transportation Group Risk Retentio N Group, Inc., Salah Dahir, Starr Carriers, L
Also decided on this docket: La., October 25, 2024
Huberto Martinez v. American Transport Group Risk Retention Group, Inc., Salah Dahir And Starr Carriers, Llc C/w Ada Licona, Rosa Rivera And Salbador Flores Vs. American Transportation Group Risk Retentio N Group, Inc., Salah Dahir, Starr Carriers, L, No. 2023-CC-01716 (La. Mar. 12, 2024).
Opinion text
Supreme Court of Louisiana
March 12, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
HUBERTO MARTINEZ VS. AMERICAN
TRANSPORT
GROUP RISK RETENTION
GROUP, INC., SALAH DAHIR AND STARR
CARRIERS, LLC
C/W
ADA LICONA, ROSA RIVERA AND
SALBADOR FLORES VS. AMERICAN
TRANSPORTATION GROUP RISK
RETENTIO
N GROUP, INC., SALAH DAHIR,
STARR CARRIERS, LLC, ALLSTATE
COUNTY MUTUAL INSURANCE COMPANY
No. 2023-CC-01716
_ _ _ _
_ _
IN
RE: American Transportation Group Risk Retention Group, Inc. - Applicant
Defendant; Salah Dahir - Applicant Defendant; Starr Carriers, LLC - Applicant
Defendant; Applying For Supervisory Writ, Parish of Caddo, 1st Judicial District
Court Number(s) 618,129 c/w 618,658, Court of Appeal, Second Circuit, Number(s)
55,595-CW c/w 55,596-CW;
_ _ _ _ _ _
March 12, 2024
Writ application granted - see briefing notice and Order.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
03/12/2024 "See News Release 011 for any Concurrences and/or Dissents."
fiayrtme 6.safi
STATE OF LOUISIANA
$e[r @rbana
CHIEF JUSTICE
JOHN L. WEIMEE
JUSTICES
WILLIAM J, CRAIN
SCOTTJ, CRICHTON
JAMES T, GENOVESE
JAY 8, MCCALLUM
JEFFEFSON HUGHES
PIPER D. GRIFFIN
Firsr 0isrricr
Second Disr.icr
Third Oislricl
Fourth Districi
Fifth Dist.icl
Seventh Disvicr
VERONICA O, KOCLANES
CLERK OF COURT
400 Royal Sr., Suit€ 4200
NEW ORLEANS. LA 70]30-8102
TELEPHONE {504) 3r0-2300
HOME PAGE http//w.vvw.l asc.org
MNch12,2024
ADA LICONA, ET AL. VS. AMERICAN TRANSPORT
GROUP RISK RETENTION GROUP. INC.. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED March 12.2024
MEMORANDUM TO COTINSEL 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.
Sixth Oisrrict
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.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the cterk on or before the last day of the delay for filing.
Regards,
yan Chan
RC: RC
Deputy Clerk
2023-CC-01716
Please note Section 8 of Rule VII of the Rules of this Court provides that the anplicant
or relator. as the case may be. must file their briefs on or before April 8.2024: and the
resoondent on or before April 26.2024.
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 ofthe 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 labet
from an Automated Postal Center. shall not be used to establish timeliness.
03/12/24
All Counsel
Hon. Michael A. Pitman
Hon. Mike Spence
Hon. Robin Norman Jones
1st Judicial District Court: 618,129 c/w 6 i 8.65 8
Court of Appeal, Second Circuit: 55.595-CW c/n,55,596-CW
SUPREME COURT OF LOUISIANA
No. 2023-CC-01716
HUBERTO MARTINEZ
AME,RICAN TRANSPORT GROUP RISK RETENTION GROUP,INC.,
SALAH DAHIR AND STARR CARRIERS, LLC
CONSOLIDATED WITH
ADA LICONA, ROSA RMRA AND SALBADOR FLORES VERSUS
AMERICAN TRANSPORTATION GROUP RISK RETENTION GROUP,
INC., SALAH DAHIR, STARR CARRIERS, LLC, ALLSTATE COUNTY
MUTUAL INSURANCE COMPANY
On Supervisory and/or Remedial Writs
First Judicial District Court, Parish of Caddo, Nos. 618,129 c/w 618,658,
Court of Appeal, Second Circuit, Nos. 55,595-CW c/w 55,596-CW.
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 casc; 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 Ruie 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of thc
Supreme Court of the State ofLouisiana, on
this 12th day of March, in the year of our
Lord, Two Thousand Twenty-Four.
Veronica O. Koclanes
Clerk of Court
eputy Clerk of Court
VERSUS