2024-C-01565 Precedential Writ granted. Processed

First Pay, Inc. v. Elton Dukes

Louisiana Supreme Court · Filed April 1, 2025

Also decided on this docket: La., October 24, 2025

Opinion text

Supreme Court of Louisiana
April 01, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
FIRST PAY, INC.
VS.
ELTON DUKES
No. 2024-C-01565
_ _
_ _ _ _
I
N RE: Quantix SCS, LLC - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of East Baton Rouge, Baton Rouge City Court Number(s) 16-04613, Court
of Appeal, First Circuit, Number(s) 2023 CA 1272;
_ _ _ _ _ _
April 01, 2025
Writ application granted - see briefing notice and Order.
JBM
JLW
JDH
WJC
PDG
JMG
CRC
04/01/2025 "See News Release 015 for any Concurrences and/or Dissents."

fiayrcmo 6.suil
STATE OF LOUISIANA
Setu (Drleana
CHIEF JUSTICE
JOHN L, WEIMER
JUSTICES
WILLIA[4 J, CRAIN
JOHN I\,IICHAEL GUIDRY
CAOE R, COLE
JAY B, MCCALLUM
JEFFERSON HUGHES
HPEN D. GRIFFIN
Fir3t Oistrict
S6cond District
Third 0isrricr
Founh Oistrict
Fifth Oistrict
S€venth Oisrricr
Slxlh 0istrict VENONICA O, KOCLANES
CLENK OF COURT
400 AovalSt.. Suite 4200
NEW ORLEANS, LA 70130.9102
TELEPHONE (504) 310-2300
HOME PAGE htrp://www.lasc.org
April0l.2025
2024-C-01565 FIRST PAY. INC. VS. ELTON DUKES
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED April Ot,2O2S
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 officiat docket with the specific date and time
of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Ru les of this Court rrrovides that the apDlicant
or relator. as the case may be, must file their briefs on or before Anril 28. 2025; and
the respondent on or before May 16, 2025.
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.
1'an Chan
RC:RC
ccs: All Counsel
Hon. Yvefte M. Alexander
Deputy Clerk

Lynn Maloy
Hon. Rodd Naquin, Clerk
Baton Rouge City Court: l6-04613
Court of Appeal, First Circuit: 2023 CA 1272

SUPREME COURT OF LOUISIANA
No. 2024-C-01565
FIRST PAY,INC.
VERSUS
ELTON DUKES
On Writ of Certiorari and/or Review
Baton Rouge City Court, Parish of East Baton Rouge, No. l6-046131
Court of Appeal. First Circuit, No. 2023 CA 1272.
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 Couft 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 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 l, 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 of Louisiana, on
this l'1 day of April, in the year of our Lord,
Two Thousand Twenty-Five.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court