Opinion
2022 CW 0387
09-23-2022
DANIEL BALDWIN DUNLAP AND MARGARET A. DUNLAP v. EMPIRE TRADING GROUP, LLC, YOUR HOME PROS REALTY, VICTORIA HONEYCUTT, KAITLIN COX, KELLER WILLIAMS REALTY-GREATER BATON ROUGE, ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, AND XYZ INSURANCE COMPANY
In Re: Empire Trading Group, L.L.C., applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 163360.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The district court's October 6, 2021 judgment denying the motion for summary judgment filed by Defendant, Empire Trading Group, L.L.C., is hereby reversed. Empire met its initial burden on summary judgment. Thereafter, the burden shifted to Plaintiffs to produce factual support sufficient to establish the existence of a genuine issue of material fact or that the mover is not entitled to judgment as a matter of law. La. Code Civ. P. art. 966(D) (1). In opposition to Empire's motion for summary judgment, Plaintiffs only produced documents responsive to a FOIA request submitted by Plaintiffs to FEMA. We find these documents are not sufficient to establish a genuine issue of material fact precluding summary judgment. Accordingly, Empire's motion for summary judgment is granted, and all claims asserted by Plaintiffs, Daniel Baldwin Dunlap and Margaret A. Dunlap, against Defendant, Empire Trading Group, L.L.C., are dismissed with prejudice.
JMM
MRT
WRC