Kathryn Steele and Steele Strategies, Inc. Versus Michael D. Kotler, Pelican State Industrial Medicine, Inc., McM Medclinic Management, LLC and Elite Healthcare, LLC

KATHRYN STEELE AND STEELE NO. 24-C-581
STRATEGIES, INC.
FIFTH CIRCUIT
VERSUS
COURT OF APPEAL
MICHAEL D. KOTLER, PELICAN STATE
INDUSTRIAL MEDICINE, INC., MCM STATE OF LOUISIANA
MEDCLINIC MANAGEMENT, LLC AND ELITE
HEALTHCARE, LLC

December 06, 2024

Linda Wiseman
First Deputy Clerk

IN RE MICHAEL KOTLER, MD, PELICAN STATE INDUSTRIAL MEDICINE, INC., MCM MEDCLINIC
MANAGEMENT, LLC AND ELITE HEALTHCARE, LLC

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER
KOVACH, DIVISION "K", NUMBER 838-907

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Scott U. Schlegel

WRIT DISMISSED

Relators, third party plaintiffs Michael D. Kotler, Pelican State Industrial
Medicine, Inc., MCM Medicine Management, LLC, and Elite Healthcare, L.L.C.,
seek this Court’s supervisory review of the trial court’s judgment of November 21,
2024, which granted the peremptory exception of no cause of action filed by third
party defendants Brandon Robbins and Shannon Robbins-Davidoff, dismissing the
third party demand against them and disposing of all claims against them.
Upon review, we find that the judgment complained of is a final judgment as
per La. C.C.P. art. 1915(A)(1), which provides:

A. A final judgment may be rendered and signed by the court, even
though it may not grant the successful party or parties all of the
relief prayed for, or may not adjudicate all of the issues in the case,
when the court:

(1) Dismisses the suit as to less than all of the parties, defendants,
third party plaintiffs, third party defendants, or intervenors.

24-C-581

Thus, this Court does not have supervisory jurisdiction to review this final
judgment. Relators may seek appellate review of this judgment by timely filing a
motion for an appeal in the district court as per La. C.C.P. art. 2121.

Accordingly, this writ application is dismissed.

Gretna, Louisiana, this 6th day of December, 2024.

JGG
SMC
SUS

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 12/06/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-C-581
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
Daniel G. Collarini (Relator)

MAILED
William H. Eckert (Relator) Franklin J. Foil (Respondent) Elizabeth A. Roussel (Respondent)
Attorney at Law Attorney at Law Attorney at Law
201 St. Charles Avenue 412 North Fourth Street 701 Poydras Street
Suite 2500 Suite 240 Suite 4500
New Orleans, LA 70170 Baton Rouge, LA 70802 New Orleans, LA 70130