Opinion
NO. 2020 CW 0279
05-12-2020
CYNTHIA A. GROS v. BATON ROUGE REHABILITATION HOSPITAL, LLC, D/B/A BATON ROUGE REHAB HOSPITAL
In Re: Baton Rouge Rehabilitation Hospital, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 628,887 BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The district court's January 8, 2020 order, granting plaintiff, Cynthia A. Gros's, Motion to Compel the Discovery Responses of Baton Rouge Rehabilitation Hospital, is vacated. As the requested discovery items are not ones in which Gros is clearly entitled to without supporting proof, the district court erred granting the motion ex parte and without an opposition from defendant, Baton Rouge Rehabilitation Hospital d/b/a Baton Rouge Rehab Hospital. See La. Code Civ. P. art. 963. Accordingly, the district court is ordered to set Gros's Motion to Compel for a contradictory hearing, and to allow an opposition from Baton Rouge Rehabilitation Hospital.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT