Sean Van Buren v. Kansas City Southern Railway Company

Supreme Court of Louisiana
April 01, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SEAN VAN BUREN
VS.
KANSAS CITY SOUTHERN
RAILWAY COMPANY
No. 2024-C-01564
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_ _ _ _
I
N RE: Sean Van Buren - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Caddo, 1st Judicial District Court Number(s) 633327, Court of Appeal,
Second Circuit, Number(s) 55,928-CA;
_ _ _ _ _ _
April 01, 2025
Writ application granted - see briefing notice and Order.
PDG
JLW
JDH
WJC
JBM
JMG
CRC
04/01/2025 "See News Release 015 for any Concurrences and/or Dissents."

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STATE OF LOUISIANA
Nrfu (Drleuns
CHI€F JUSIICE
JOHN L. WEIMEN
JUSTICES
WLLIAM J, CRAIN
JOHN MICHAEL GUIDFY
CADE R- COLE
JAY B, MCCALLUM
JEFFERSON HUGHES
PIPEF D, GRIFFIN
Socond 0istrict
Third Oisvict
Fourth oistrict
Fifrh Disrri.r
S€v€nth District
VERONICA O, KOCLANES
CLEfiK OF COURT
400 Roval Sl., Suiis 4200
NEW ORLEANS- LA 70130-8102
TELEPHONE (504) 310-2300
HOME PAGE htrp://www. asc.org
April0l.2025
2024-C-01564 SEAN VAN BUREN VS. KANSAS CITY SOUTHERN
RAILWAY COMPANY
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED April 01,2025
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 rrrovides that the arrrrlicant
or relator, as the case may tre, must file their briefs on or before April 28,2025; and
the respondent on or before l\lat' 16,2025.
Oral argument will be waived if brief is untimely filed. Briefs submifted 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 ofmailing 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 fiting.
Regards.
1an Chan
RC: RC
ccs: All Counsel
Hon. Michael A. Pitman
Sixrh 0istricl
DepuS Clerk

Hon. Mike Spence
Hon. Robin Norman Jones
1st Judiciat District Court: 633327 - JDC: 1 st Div:E
Court of Appeal, Second Circuit: 55,928-CA

SUPREME COURT OF LOUISIANA
No.2024-C-01564
SEAN VAN BUREN
vs.
KANSAS CITY SOUTHERN RAILWAY COMPANY
On Writ of Certiorari and/or Review
First Judicial District Court, Parish of Caddo, No. 633327,
Court of Appeal, Second Circuit, No. 55,928-CA.
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 issuel that the District Court and the Court of
Appeal send up the record in Duplicate ofthe casel and that counsel for all parties
be notifred."
Now. therefore, the said District Courl and the Court of Appeal is hereby
commanded. in the name of the State of Louisiana and of this Honorable Court. to
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 l" day of April, in the year of our Lord,
Two Thousand Twenty-Five.
Veronica O. Koclanes
Clerk of Court
uty Clerk of Court
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the