FRANK CUSHENBERRY AND ROBIN CUSHENBERRY INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN NOAH CUSHENBERRY AND KHLOE CUSHENBERRY VS JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY LLC v. << (2023)

Writ application granted - see briefing notice and Order.

JLW

JDH

SJC

JTG

WJC

JBM

PDG

Supreme Court of Louisiana October 31, 2023

Supreme Court

STATE OF LOUISIANA

New Orleans

CHIEF JUSTICE

JOHN L. WEIMER

JUSTICES

WILLIAM J. CRAIN

SCOTT J. CRICHTON

JAMES T. GENOVESE

JAY B. MCCALLUM

JEFFERSON D. HUGHES III

PIPER D. GRIFFIN

Sixth District

First District

Second District

Third District

Fourth District

Fifth District

Seventh District

VERONICA O. KOCLANES

CLERK OF COURT

400 Royal St., Suite 4200

NEW ORLEANS, LA 70130-8102

TELEPHONE (504) 310-2300

HOME PAGE http://www.lasc.org

October 31, 2023

2023-C-00788 BARBER BROTHERS CONTRACTING COMPANY, LLC VS. CAPITOL CITY PRODUCE COMPANY, LLC, ET AL.

NOTE: FOR BRIEFING PURPOSES WRIT GRANTED October 31, 2023

MEMORANDUM TO COUNSEL IN CAPTIONED CASE:

Please be advised that the above-captioned matter will be set for oral argument on this Court's next available docket. A copy of the official docket with the specific date and time of oral argument will be mailed out.

Please note Section 8 of Rule VII of the Rules of this Court provides that the applicant or relator, as the case may be, must file their briefs on or before November 27, 2023; and the respondent on or before December 15, 2023.

Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper should be fastened at the top. All briefs should be backed with the customary “Blueback” or other flexible material. In criminal proceedings, the court directs that counsel must file a brief. Failure to do so may subject counsel to a penalty of contempt of Court.

It is further provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed timely filed if mailed on or before the due date. If the brief is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service, or bona fide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness.

Briefs forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.

Regards,

Ryan Chan Deputy Clerk

ccs: All Counsel

Hon. Donald R. Johnson

Hon. J. Douglas “Doug” Welborn

Hon. Rodd Naquin, Clerk

19th Judicial District Court: 672217 c/w 674957

Court of Appeal, First Circuit: 2022 CA 0696 c/w 2022 CA 0697

SUPREME COURT OF LOUISIANA

No. 2023-C-00788

BARBER BROTHERS CONTRACTING COMPANY, LLC

VERSUS

CAPITOL CITY PRODUCE COMPANY, LLC; FRANK CUSHENBERRY; AND XYZ INSURANCE COMPANY

CONSOLIDATED WITH

FRANK CUSHENBERRY AND ROBIN CUSHENBERRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILDREN, NOAH CUSHENBERRY AND KHLOE CUSHENBERRY

VERSUS

JOHNNY SCOTT AND BARBER BROTHERS CONTRACTING COMPANY, LLC

On Writ of Certiorari and/or Review Nineteenth Judicial District Court, Parish of East Baton Rouge, Nos. 672217 c/w 674957; Court of Appeal, First Circuit, Nos. 2022 CA 0696 c/w 2022 CA 0697.

And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the Constitution of Louisiana, made and issued the following order, to wit— “It is ordered that the writ of review issue; that the District Court and the Court of Appeal send up the record in Duplicate of the case; and that counsel for all parties be notified.”

Now, therefore, the said District Court and the Court of Appeal is hereby commanded, in the name of the State of Louisiana and of this Honorable Court, to send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the City of New Orleans, the record in duplicate of the above-entitled case.

Witness the Honorable Justices of the Supreme Court of the State of Louisiana, on this 31st day of October, in the year of our Lord, Two Thousand Twenty-Three.

Veronica O. Koclanes Clerk of Court