Cody Hamilton And Devin Lewis Hamilton v. Safeguard Capital Fund, L.P., Safeguard Self Storage, Inc., Safeguard Development Group, Llc, Safeguard Development I, Llc, Safeguard Equity Group, Llc, Safeguard Storage Properties, Llc, And Safeguard Operat

Supreme Court of Louisiana
April 09, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CODY HAMILTON AND DEVIN LEWIS
HAMILTON
VS.
SAFEGUARD CAPITAL
FUND, L.P.,
SAFEGUARD SELF STORAGE, INC.,
SAFEGUARD DEVELOPMENT GROUP,
LLC, SAFEGUARD DEVELOPMENT I, LLC,
SAFEGUARD EQUITY GROUP, LLC,
SAFEGUARD STORAGE PROPERTIES, LLC,
AND SAFEGUARD OPERATIONS, LLC, ABC
INSURANCE COMPANY, AND XYZ
INSURANCE COMPANY
No. 2024-CC-00171
_ _
_ _ _ _
IN
RE: The State of Louisiana, through the Department of Public Safety and
Corrections and Office of the State Fire Marshall - Applicant Defendant; Applying
For Writ Of Certiorari, Parish of East Baton Rouge, 19th Judicial District Court
Number(s) 681837, Court of Appeal, First Circuit, Number(s) 2023 CW 0814;
_ _ _ _ _ _
April 09, 2024
Writ application granted - see briefing notice and Order.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
04/09/2024 "See News Release 016 for any Concurrences and/or Dissents."

Suyterct Q.sud
STATE OF LOUISIANA
,Netu (Drbang
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
wlLLIAI\4 J, CRAIN
SCOTT J. CRICHTON
JAI\4ES T. GENOVESE
JAY B, MCCALLUM
JEFFERSON HUGHES
PIPER D. GNIFFIN
VERONICA O, KOCLANES
CLERK OF COURT
TELEPHONE (s04I 310-2300
HOlvlE PAGE http;//www.lasc.o.g
April09,2024
2024-CC-00171 CODYHAMILTON, ETAL. VS. SAFEGUARD
CAPITAL FUND. L.P., ET AL.
NOTE: FOR BRIEFING PLIRPOSES WRIT GRANTED April 09,2024
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.
Sixrh Disrrlcr
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.
Re S.
Ryan Chan
Deputy Clerk
RC: RC
ccs: All Counsel
Hon. Wilson Fields
Hon. J. Douglas "Doug" Welbom
Hon. Rodd Naquin, Clerk
l9th Judicial District Court: 681837 - Div:O
Court of Appeal, First Circuit: 2023 CW Og14
First Disrrict
Second Oistrict
Third District
Fourth Disk;ct
Fifth Oistrict
S€venth Distr;ct
400 Royal Sl., Suite 4200
NEW ORLEANS, LA 70130.8102
Please note Section 8 of Rule Vll of the Rules of this Court provides that the applicant
or relator. as the case may be. must file their briefs on or before May 6.2024: and the
respondent on or before Mav 24. 2024.

SUPREME COURT OF LOUISIANA
No. 2024-CC-00171
CODY HAMILTON AND DEVIN LEWIS HAMILTON

VERSUS

SAFEGUARD CAPITAL FUND, L.P., SAFEGUARD SELF STORAGE,
INC., SAFEGUARD DEVELOPMENT GROUP, LLC, SAFEGUARD
DEVELPMENT I, LLC, SAFEGUARD EQUITY GROUP, LLC,
SAFEGUARD STORAGE PROPERTIES, LLC, AND SAFEGUARD
OPERATION, LLC, ABC INSURANCE COMPANY, AND XYZ
INSURANCE COMPANY

On Writ of Certiorari and/or Review
Nineteenth Judicial District Court, Parish of East Baton Rouge, No. 681837,
Court of Appeal, First Circuit, No. 2023 CW 0814.

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 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
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 9th day of April, in the year of our Lord,
Two Thousand Twenty-Four.

_________________________
Veronica O. Koclanes
Clerk of Court

__________________________
Deputy Clerk of Court