2024-C-00406 Precedential Writ application granted - see briefing notice and order. Processed

Pinnacle Construction Group, L.L.C. v. Devere Swepco Jv, L.L.C., Liberty Mutual Insurance Company And Unity Village Homes, L.L.C.

Louisiana Supreme Court · Filed September 4, 2024

Also decided on this docket: La., February 6, 2025

Opinion text

Supreme Court of Louisiana
September 04, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
PINNACLE CONSTRUCTION GROUP, L.L.C.
VS.
DEVERE SWEPCO JV, L.L.C.,
LIBERTY MUTUAL INSURANCE
COMPANY AND UNITY VILLAGE
HOMES, L.L.C.
No. 2024-C-00406
_ _
_ _ _ _
IN
RE: Pinnacle Construction Group, LLC - Applicant Plaintiff; Applying For Writ
Of Certiorari, Parish of St. Landry, 27th Judicial District Court Number(s) 13-C-
5298, Court of Appeal, Third Circuit, Number(s) 23-551;
_ _ _ _ _ _
September 04, 2024
Writ application granted - see briefing notice and Order.
JLW
JDH
SJC
JTK
WJC
JBM
PDG
09/04/2024 "See News Release 040 for any Concurrences and/or Dissents."

Sayrtme 6.tail
STATE OF LOUISIANA
Netu (Drlrung
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIAM J, CRAIN
SCOTT J, CBICHTON
JEANNETTE T, KNOLL
JAY B, MCCALLUM
JEFFERSON HUGHES
PIPEB D. GAIFFIN
VEFONICA O, KOCLANES
CLERK OF COURT
400 Royal St., Suite 4200
NEW OBLEANS, LA 70130.8102
TELEPHONE (504) 310-2300
HOME PAGE hnpi//www.lasc.org
September 04.2024
2021-C-00406 PINNACLE CONSTRUCTION GROUP. L.L,C. VS.
DEVERE SWEPCO JV. LLC. ET AL,
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 ofllcial docket with the specific date and time
of oral argument will be mailed out.
Sixth District
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.
Regards.
an Chan
RC: RC
ccs: All Counsel
Hon. Jason Meche
Deputl'Clerk
First Districl
Second Disrrici
Third D;strict (pro
Fourth District
Fifth Districl
Sevenrh Oistricr
NOTE:FOR BRIEFING PURPOSES WzuT GRANTED September 04,2024
Please note Section 8 of Rule VI I of the Rules of this Court rrrovides that the anplicant
or relator. as the case may be, must file their briefs on or before September 30. 20241
and the resrlondent on or before October 21. 2024.
09/04/24

Hon. Charles J. Jagneaux
Hon. Renee R. Simien
27th Judicial District Court: 13-C-5298 - Div:D
Court of Appeal, Third Circuit: 23-551

SUPREME COURT OF LOUISIANA
PINNACLE CONSTRUCTION GROUP, L.L.C.
VERSUS
DEVERE SWEPCO JV, LLC, LIBERTY MUTUAL INSURANCE
COMPANY AND UNITY VILLAGE HOMES, LLC
On Writ of Certiorari and/or Revrew
Twenty-Seventh Judicial District Court, Parish of St. Landry, No. 13-C-5298;
Court of Appeal, Third Circuit, No. 23-551.
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 Appeat 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 ofLouisiana, on
this 4th day ofSeptember, in the year ofour
Lord, Two Thousand Twenty-Four.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court
No.2024-C-00406