STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DR. RAMAN SINGH NO. 2019 CW 0884

VERSUS

STATE OF LOUISIANA, THROUGH DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, JAMES LEBLANC, INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, AND OCT 2 2 2019 STACYE FALGOUT

In Re: Stacye Falgout, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 663, 773.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. La. Code Civ. P. art. 971( D) provides, "[ a] ll discovery proceedings in the action shall be stayed upon the filing of a notice made pursuant to this Article. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. Notwithstanding the provisions of this Paragraph, the court, on noticed motion and for good cause shown, may order that specified discovery be conducted." We find the district court erred in granting plaintiff, Dr. Raman Singh' s, Expedited Motion to Continue Hearing and Conduct Discovery, and not staying discovery until ruling on defendant, Stayce Falgout' s, Special Motion to Strike. However, the issue is now moot as Falgout' s Special Motion to Strike was untimely filed pursuant to La. Code Civ. P. art. 971( C).

JEW GH

McClendon, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT