Opinion
NO. 2013 CW 1898
01-27-2014
KRISTEN BARNES v. CHARLES RIVET AND LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE
In Re: Kristen Barnes, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 572,935.
BEFORE: PARRO, GUIDRY, PETTIGREW, MCDONALD AND DRAKE, JJ.
WRIT GRANTED IN PART; WRIT DENIED IN PART. The trial court's September 12, 2013 judgment that denied the plaintiff's motions to compel and to enforce the discovery agreement is hereby reversed and plaintiff's writ is granted, insofar as Louisiana State University is required to produce the documents referenced as "Item No. 4" in the June 21, 2013 "Discovery Agreement", i.e. "files and records relating to complaints of sexual harassment for the years 2004-2009." The trial court abused its discretion in denying the plaintiff's motion to compel the production of these documents. Insofar as plaintiff seeks costs and attorney's fees, the writ application is denied.
JTP
EGD
RHP
JMG
McDonald, J., dissents. I would decline to exercise this Court's supervisory jurisdiction. The criteria set forth in Herlitz Construction Company, Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981} are not met. COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT