The opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
MICHAEL MIAZZA, INDIVIDUALLY AND NO. 2021 CW 0750
ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED
VERSUS
BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY AND
AGRICULTURAL AND MECHANICAL
COLLEGE
CONSOLIDATED WITH
TAYLOR GUNTER, INDIVIDUALLY AND
ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED
VERSUS
LOUISIANA STATE UNIVERSITY
SYSTEM, AND OTHER AFFILIATED
ENTITIES AND INDIVIDUALS MARY L.
WERNER, ROBERT S. DAMPF, JAMES M.
WILLIAMS, RONALD R. ANDERSON, LEE
MALLETT, RICHARD E. ZUSCHLAG,
JACK A. BLOSSMAN, REMY VOISIN
STARNS, JIMMIE M. WOODS, GLENN
ARMENTOR, VALENCIA S. JONES, B.
WAYNE BROWN, PATRICK C. MORROW, JULY 13, 2021
RAYMOND R. MORRIS AND COLLIS B.
TEMPLE
In Re: Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, Nos. 696918, 698930.
BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.
STAY DENIED; WRIT GRANTED WITH ORDER. We vacate the
portions of the trial court' s June 11, 2021 judgment which
granted the plaintiff, Michael Miazza' s, Motion to Compel and
denied the defendant, the Board of Supervisors of Louisiana
State University and Agricultural and Mechanical College' s
LSU' s) Motion for Protective Order and/ or to Stay Discovery.
The orders applied for by these motions are not orders to
which the movers are clearly entitled to, and therefore, the
trial court erred in on the motions
ruling without a
contradictory hearing. See La. Code Civ. P. art. 963.
Accordingly, this matter is remanded to the trial court with
instructions to set plaintiff' s Motion to Compel and
defendant' s Motion for Protective Order to
and/ or
Stay
Discovery for contradictory hearings.
VGW
JEW
EW
COURT OF APPEAL, FIRST CIRCUIT
RD' EAPUTY
FOR
CLERK
THE
OF
COURT
COURT