Opinion
NO. 2016 CW 0591
08-02-2016
AMY LEE HYDE v. DANNY & CLYDE'S FOOD STORE, INC., DANNY & CLYDE'S PO-BOYS & MORE, LLC AND AMERICAN ECONOMY INSURANCE COMPANY
In Re: Danny & Clyde's Food Store, Inc., Danny & Clyde's Po-Boys & More, LLC, and American Economy Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 636801. BEFORE: McCLENDON, CRAIN, DRAKE, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED. The district court erred in granting the Motion to Compel Production of the Recorded Statements of Plaintiff, Amy Lee Hyde, on March 22, 2016. Plaintiff, Amy Lee Hyde, failed to prove that she would be unable to obtain a substantial equivalent of the materials by other means without undue hardship or unfair prejudice. La. C.C.P. art. 1424(A); Ogea v. Jacobs, 344 So.2d 953 (La. 1977). Accordingly, the district court's ruling ordering Defendants, Danny & Clyde's Food Store, Inc., Danny & Clyde's Po-Boys & More, LLC, and American Economy Insurance Company, to submit the written and recorded statements of Shawn Williams, Jamisha Wills, and Brandon Reed to Plaintiff, Amy Lee Hyde, as well as attorney's fees in the amount of $500.00 plus costs, is hereby reversed. We, thus, vacate the district court's March 22, 2016 judgment and April 4, 2016 written reasons for judgment and deny the Motion to Compel Production of the Recorded Statements.
GH
PMc
WJC
EGD
Chutz, J., dissents. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT