Kensington Capital Advisors, LLC, Kensington Realty Group, LLC, Allied Transportation of Louisiana, LLC, Pelican Barge and Transportation, LLC, Museum of Sports History, LLC, and John Ohle Versus Delos Capital Management Lp, Delos Edgard, Lp, Gulf Coast Construction & Materials LLC, F/K/A Edgard Construction Materials Holdings, LLC, Edgard Construction Materials, LLC, St. James Construction Materials, LLC, River Parishes Construction Materials, LLC, Hawk Rdf, L.L.C., Robert D. Field, Bak Advisors, Inc., Bernard A. Katz, Grayson Data Services LLC, and Kenneth Grayson

Fifth Circuit Court of Appeal
State of Louisiana

No. 26-C-369

KENSINGTON CAPITAL ADVISORS, LLC, ET AL.

versus

DELOS CAPITAL MANAGEMENT LP, ET AL.

IN RE KENSINGTON CAPITAL ADVISORS, LLC, KENSINGTON REALTY GROUP, LLC, ALLIED
TRANSPORTATION OF LOUISIANA, LLC, PELICAN BARGE AND TRANSPORTATION, LLC,
AND JOHN OHLE, AND DEFENDANT-IN-RECONVENTION, RIVER PARISHES DIRT &
GRAVEL, LLC
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
JUNE B. DARENSBURG, DIVISION "C", No. 851-721

October 01, 2026

Panel composed of Judges Fredericka Homberg Wicker,
Marc E. Johnson, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relators, Kensington Capital Advisors, LLC, et al., seek review of the trial
court’s July 10, 2026 judgment awarding sanctions against them for violations of
the trial court’s discovery orders, and casting them in judgment for attorney’s fees
and costs in the total amount of $15,000.00. “A final judgment is appealable in all
causes in which appeals are given by law.” La. C.C.P. art. 2083(A). “Appellate
courts generally will not exercise their supervisory jurisdiction when an adequate
remedy exists by appeal. Douglass v. Alton Ochsner Medical Foundation, 96-
2825 (La. 6/13/97), 695 So.2d 953. The July 10, 2026 judgment imposing
sanctions which relators seek to have us review under our supervisory jurisdiction
is a final, appealable judgment. See La. C.C.P. art. 1915(A)(6); Kensington
Capital Advisors, LLC, et al. v. Delos Capital Management, LP, et al., 26-244 (La.
App. 5 Cir. 8/14/26), 2026 WL 2364805; Capital City Press, LLC v. Louisiana
State University, 13-1994 (La. 8/28/13), 130 So.3d 250; Perry v. F.H. Myers

26-C-369

Constr. Corp., 23-64 (La. App. 4 Cir. 11/2/23). Insofar as Relators are aggrieved
by the July 10, 2026 judgment they have an adequate remedy by appeal.
While a motion to appeal the trial court’s July 10, 2026 judgment would be
untimely at this point, we find that Relators’ notice of intent to seek supervisory
writs would have been timely filed as a motion seeking an appeal from that
judgment and should have been acted upon as such by the trial court. Therefore,
we hereby consider Relators’ timely filed notice of intent to seek supervisory writs
as a timely filed motion for appeal. Relators must comply with any statutory
provisions and the Uniform Rules of the Louisiana Courts of Appeal (“Uniform
Rules”) regarding appeals from final judgments, including all relevant provisions
set forth in Rule 2 of the Uniform Rules.
Accordingly, the writ application is granted for the limited purpose of
remanding this matter to the district court with instructions to grant an appeal to
relators pursuant to their notice of intent to seek supervisory writs. See In Re
Howard, 541 So.2d 195 (La. 1989) (per curiam); Toussaint v. Spears, 25-428 (La.
App. 4 Cir. 7/3/25), 417 So.3d 1220. Additionally, a copy of this court’s order is to
be included in the appellate record.
Gretna, Louisiana, this 1st day of October, 2026.

FHW
MEJ
JJM

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. TRAN
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 10/01/2026 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:

26-C-369
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable June B. Darensburg (DISTRICT JUDGE)
Mark R. Beebe (Respondent) Corey E. Dunbar (Relator)
Robert J. Stefani, Jr. (Respondent) Matthew W. McDade (Respondent)

MAILED
Michael J. Cerniglia (Respondent) Brandon E. Mary (Respondent)
Jailyn J. Heisser (Respondent) Attorney at Law
Attorney at Law 629 Village Lane South
201 St. Charles Avenue Mandeville, LA 70471
45th Floor
New Orleans, LA 70170