John Worthy v. Stephens Pipe & Steel, LLC

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JOHN WORTHY NO. 2024 CW 0594

VERSUS

STEPHENS PIPE & STEEL, LLC, AUGUST 12, 2024

BET AL

In Re: John Worthy, applying for supervisory writs, 18th
Judicial District Court, Parish of West Baton Rouge, No.
1046747.

BEFORE : WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction
Co., Ine. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878
(La. 1981) (per curiam) are not met.

EW
SMM

Greene, J., dissents in part and would reverse the portions
of the district court’s May 8, 2024 ‘Judgment which ordered
plaintiff to produce all texts and messages for one year from the
date of the accident having any connection to plaintiff’s symptoms,
limitations or abilities and any correspondence, texts, messages
or emails regarding plaintiff’s interactions with employees or
agents, customers or prospective customers and plaintiff’s work
with 3 6 9 Ether Transportation Services, LLC and Worthy Elite
Connections, LLC. The party seeking an order to compel discovery
has the burden of proving that the discovery sought is relevant to
the subject matter involved in the pending action. Myers v.
Houston Specialty Ins. Co., 2022-0773 (La. App. ist Cir. 4/14/23),
366 So.3d 616, 624. Defendant failed to prove the relevancy of
these documents, and I would deny the motion to compel as to these
documents. I would deny the writ in all other respects.

COURT OF APPEAL, FIRST CIRCUIT

AN,
V‘SEPUTY CLERK OF COURT
FOR THE COURT