Opinion
NO. 2016 CW 1435
02-17-2017
DANIEL JUDE SCHNEBELEN v. OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER
In Re: Our Lady of the Lake Regional Medical Center, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 631715. BEFORE: GUIDRY, McCLENDON AND CHUTZ, JJ.
WRIT DENIED.
JMG
WRC
McClendon, J. dissents and would grant the writ. Rules of court duly adopted and promulgated, constitute a part of our procedural law. Brumfield v. Brumfield, 178 So.2d 379, 383 (La. App. 1st Cir. 1965). I find that plaintiff-respondent, Daniel Jude Schnebelen violated Local Rule 3(B) of the 19th Judicial District Court regarding "Rule, Motion, Exception and Argument Day" when he did not specify each discovery response to which his motion to compel was directed, thereby taking away any meaningful opportunity for defendant-relator, Our Lady of the Lake Regional Medical Center, to prepare to defend this motion. Therefore, I would grant this writ application, vacate the trial court's September 16, 2016 ruling and order that the matter be reset for hearing. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT