Kendra Main and Kerry Durr, Jr. v. Maison Cachet of Gonzales, L.L.C. and Duramed, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

KENDRA MAIN AND KERRY DURR, NO. 2025 CW 0555
JR.

VERSUS

MAISON CACHET OF GONZALES,

L.L.C., DURAMED, INC., ET AL
JUNE 30, 2025

In Re: Maison Cachet of Gonzales, LLC d/b/a Francois Bend
Senior Living, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.
138228.

BEFORE : PENZATO, WOLFE, AND FIELDS, JJ.

STAY DENIED; 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
WEF

Penzato, J., concurs in part and dissents in part. While I
concur in the denial of the stay, I would grant the writ and
reverse the district court’s May 29, 2025 judgment which granted
the motion to compel filed by plaintiffs. While plaintiffs argue
that the financial information sought in the discovery at issue is
relevant to the issue of whether defendant, Maison Cachet of
Gonzales, LLC d/b/a Francois Bend Senior Living, is insolvent
pursuant to La. R.S. 22:1269(B) (1) (b), in order to fall within an
exception to the direct action statute, there is no allegation in
the petition as to insolvency of defendant. In addition, plaintiffs
did not produce any evidence at the hearing on the motion to compel
to substantiate that there is a reasonable basis to show this
information is relevant. Discovery is not to be used as a fishing
expedition. Molaison v. Cust-O-Fab Specialty Servs., LLC, 2021-
985 (La. App. Sth Cir. 6/1/22), 343 So.3d 866, 872.

COURT OF APPEAL, FIRST CIRCUIT

uate B2.Uens

PUTY CLERK OF COURT
FOR THE COURT