George Raymond Williams, M.D. v. Sif Consultants of Louisiana, Inc.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 16-343

GEORGE RAYMOND WILLIAMS, M.D., ET AL.

VERSUS

SIF CONSULTANTS OF LOUISIANA, INC., ET AL.,

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APPEAL FROM THE
TWENTY-SEVENTH JUDICIAL DISTRICT COURT
PARISH OF ST. LANDRY, NO. 09-C-5244-C
HONORABLE ALONZO HARRIS, DISTRICT JUDGE

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BILLY H. EZELL

JUDGE

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Court composed of Billy H. Ezell, Shannon J. Gremillion and Phyllis M. Keaty,
Judges.

MOTION TO LIFT STAY AND
RESET BRIEFING DEADLINE
DENIED AS MOOT.

Randall Kurt Theunissen
Michael Edward Parker
Allen & Gooch
Post Office Box 81129
Lafayette, LA 70598-1129
(337) 291-1000
COUNSEL FOR DEFENDANT/APPELLANT:
Homeland Ins. Co. of New York

Martin A. Stern
Edward Paige Sensenbrenner
Raymond Peter Ward
Adams & Reese, LLP
701 Poydras Street, Suite 4500
New Orleans, LA 70139
(504) 581-3234
COUNSEL FOR DEFENDANT/APPELLANT:
Homeland Ins. Co. of New York

Michael J. Rosen
Peter F. Lovato, III
Skarzynksi Black, LLP
205 North Michigan Ave., Suite 2600
Chicago, IL 60601
(312) 946-4200
COUNSEL FOR DEFENDANT/APPELLANT:
Homeland Ins. Co. of New York

John Stanton Bradford
William Boyce Monk
Stockwell, Sievert, Viccellio, Clements & Shaddock, LLP
Post Office Box 2900
Lake Charles, LA 70602
(337) 436-9491
COUNSEL FOR PLAINTIFFS/APPELLEES:
George Raymond Williams, M.D.,
Orthopaedic Surgery, A Professional Medical LLC

Patrick Craig Morrow, Sr.
James P. Ryan
Morrow, Morrow, Ryan & Bassett
Post Office Box 1787
Opelousas, LA 70570
(337) 948-4483
COUNSEL FOR PLAINTIFFS/APPELLEES:
George Raymond Williams, M.D.,
Orthopaedic Surgery, A Professional Medical LLC

Stephen Barnett Murray
Stephen Barnett Murray, Jr.
Arthur M. Murray
Nicole A. Murray-Ieyoub
Murray Law Firm
650 Poydras Street, Suite 2150
New Orleans, LA 70130
(504) 525-8100
COUNSEL FOR PLAINTIFFS/APPELLEES:
George Raymond Williams, M.D.,
Orthopaedic Surgery, A Professional Medical LLC

Thomas Allen Filo
Michael Kevin Cox
Cox, Cox, Filo, Camel & Wilson, LLC
723 Broad Street
Lake Charles, LA 70601
(337) 436-6611
COUNSEL FOR PLAINTIFFS/APPELLEES:
George Raymond Williams, M.D.,
Orthopaedic Surgery, A Professional Medical LLC

Charles Thach Curtis, Jr.
Gerard George Metzger
829 Baronne Street
New Orleans, LA 70113
(504) 581-9322
COUNSEL FOR DEFENDANT/APPELLEE:
Med-Comp USA, Inc.

Patrick A. Juneau, Jr.
The Juneau Firm
Post Office Drawer 51268
Lafayette, LA 70505-1268
(337) 269-0052
Patrick Juneau, Special Master

Larry Lane Roy
Brown Sims
600 Jefferson Street, Suite 800
Lafayette, LA 70501
(337) 484-1240
COUNSEL FOR DEFENDANT/APPELLEE:
Bestcomp, Inc.

Janice Bertucci Unland
Rabalais, Unland
1404 Greengate Drive, #110
Covington, LA 70433-5272
(985) 893-9900
COUNSEL FOR DEFENDANT/APPELLEE:
Risk Management Services

Daniel J. Layden
Ronald P. Schiller
Hangley, Aronchick, Segal
One Logan Square, 27th Floor
Philadelphia, PA 19103
COUNSEL FOR DEFENDANT/APPELLEE:
Risk Management Services

Steven William Usdin
Barrasso, Usdin, Kupperman, Freeman & Sarver
909 Poydras Street, #2400
New Orleans, LA 70112
(504) 589-9700
COUNSEL FOR DEFENDANT/APPELLEE:
Executive Risk Specialty Ins. Co.

Cynthia J. Thomas
Galloway, Johnson, Thompkins, Burr and Smith
3 Sanctuary Boulevard, Suite 301
Mandeville, LA 70471
(985) 674-6710
COUNSEL FOR DEFENDANT/APPELLEE:
SIF Consultants of Louisiana, Inc.

John Mark Fezio
Stone, Pigman
546 Carondelet Street
New Orleans, LA 70130
(504) 581-3200
COUNSEL FOR DEFENDANT/APPELLEE:
Cor Vel Corp.

EZELL, Judge.

On July 1, 2016, the appellee, George Raymond Williams, M.D.,

Orthopaedic Surgery, a Professional Medical, L.L.C., the appointed class

representative in this matter, filed a Motion to Lift Stay and Reset Briefing

Deadline. For the reasons which follow, we deny the motion.

The instant matter arises out of a settlement agreement in a class action

lawsuit involving claims of improper medical billing practices in workers’

compensation cases. On December 21, 2015, the appellee filed a Motion for

Summary Judgment against the appellant, Homeland Insurance Company of New

York, for the full amount if its policy limits. The motion was granted on February

5, 2016, and the appellant was ordered to pay $10,000,000, together with legal

interest thereon, in favor of the appellee.

The appellant filed a timely motion to appeal the judgment, and appellant

was granted a suspensive appeal on March 21, 2016. The appeal was lodged in

this court on May 2, 2016, and the appellant was ordered to file its brief by May 27,

2016. The appellant subsequently moved for an extension of the briefing delays to

June 10, 2016, which was granted on May 13, 2016.

On May 25, 2016, the appellant filed a motion to suspend briefing delays on

the ground that certain documents were omitted from the record and the parties

were unable to adequately write briefs without the missing pleadings and exhibits.

The appellant indicated that it had concurrently filed a motion in the lower court to

supplement the record with the missing pleadings and exhibits. The motion was

granted, and the briefing delays were suspended pending supplementation of the

record.

On July 1, 2016, the appellee filed in this court a Motion to Lift Stay and

Reset Briefing Deadline, asserting therein that the appellant neglected to inform

this court that the pleadings and exhibits with which the appellant wished to

supplement the record were never filed in the lower court due to its failure to pay

the filing fees associated with the pleadings and exhibits totaling $7,910.43. The

supplemental record, however, was received in this court on July 26, 2016.

Accordingly, we hereby deny the appellee’s Motion to Lift Stay and Reset Briefing

Deadline as moot.

MOTION TO LIFT STAY AND RESET BRIEFING DEADLINE DENIED
AS MOOT.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.

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