Bradley Day And Tracey Day v. Elvis Dean Thompson, Et Al.

Supreme Court of Louisiana
November 20, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
BRADLEY DAY AND TRACEY DAY
VS.
ELVIS DEAN THOMPSON, ET AL.
No. 2024-C-00802
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_ _ _ _
I
N RE: Terry Graham Trucking, Inc. - Applicant Defendant; Elvis Thompson -
Applicant Defendant; Applying For Writ Of Certiorari, Parish of Calcasieu, 14th
Judicial District Court Number(s) 2017 -4574, Court of Appeal, Third Circuit,
Number(s) 23-301;
_ _ _ _ _ _
November 20, 2024
Writ application granted - see briefing notice and Order.
SJC
JLW
JDH
JTK
WJC
JBM
PDG
11/20/2024 "See News Release 053 for any Concurrences and/or Dissents."

STATE OF LOUISIANA
ffetu (Drleanr
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WILLIAM J. CRAIN
SCOTT J, CRICHTON
JEANNETTE T, KNOLL
JAY B, MCCALLUI\4
JEFFERSON HUGHES
PIPEfl D. GRIFFIN
First Oistrict
S6cond District
Third Oistrict (pro
tempor€)
Fourth Oistrict
Fifth Districl
Sev6nth Districr
VERONICA O, KOCLANES
CLERK OF COURT
400 Royal St.. Suite 4200
NEW ORLEANS. LA 70130-8102
TELEPHONE (s04) 310,2300
HOME PAGE hrtp://www.lasc.org
2024-C-00802 BRADLEY DAY, ET AL. VS. ELVIS DEAN
THOMPSON, ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 20,2024
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 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 ofthe delay for filing.
Regards,
yan Chan
Deputy Clerk
fiayrcmt 6.sart
Sixrh 0istricr
November 20,2024
Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant
or relator. as the case mav be. must file their briefs on or before December 16.2024;
and the respondent on or before Januarv 6. 2025.
RC:RC
11/20/24

ccs: All Counsel
Hon. Derrick D. Kee
Hon. H. Lynn Jones, II
Hon. Renee R. Simien
l4th Judicial District Court:2077-4574 - JDCl.l4th Div:F
Court of Appeal, Third Circuit: 23-301

SUPREME COURT OF LOUISIANA
No.2024-C-00802
BRADLEY DAY AND TRACEY DAY
VERSUS
ELVIS DEAN THOMPSON, ET AL.
On Writ of Certiorari and/or Review
Fourteenth Judicial District Court, Parish of Calcasieu, No. 2017-4574;
Court of Appeal, Third Circuit, No. 23-301.
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- "lt is
ordered that the writ of review issue; that the District Court and the Court of
Appeal send up the record in Duplicate ofthe 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
Cify 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 201h day of November, in the year of our
Lord, Two Thousand 1'wenty-Four.
Veronica O. Koclanes
Clerk of Court
Depufy Clerk of Court