RANDALL KLING v. TROY HEBERT ERNEST LEGIER JR IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF THE OFFICE OF ALCOHOL AND TOBACCO CONTROL OF THE LOUISIANA DEPARTMENT OF REVENUE (2023)

IN RE: Randall Kling - Appellant Plaintiff; Certified Question, United States Court of Appeals for the Fifth Circuit, Number(s) 21-30658;

Certification granted. See briefing notice.

JBM

JLW

JDH

SJC

JTG

WJC

PDG

Supreme Court of Louisiana April 18, 2023

Supreme Court

STATE OF LOUISIANA

New Orleans

Sixth District

First District

Second District

Third District

Fourth District

Fifth District

Seventh District

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

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

April 18, 2023

2023-CQ-00257 RANDALL KLING VS. TROY HEBERT, ET AL.

FOR BRIEFING PURPOSES CERTIFICATION GRANTED: April 18, 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 6 of Rule XII of the Rules of this Court provides that appellant or moving party in the certifying court must file its brief on or before May 18, 2023 and appellee or responding party in the certifying court on or before June 19, 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.

With kindest regards, I remain,

Very truly yours,

Theresa McCarthy Second Deputy Clerk

TM: TM

ccs: All Counsel

Hon. Lyle W. Cayce

United States Court of Appeals for the Fifth Circuit: 21-30658