Louisiana Court of Appeal, 2019

Ward Spivey v. Hornbeck Offshore Operators, LLC, Hornbeck Offshore Services, LLC and ABC Insurance Company

Ward Spivey v. Hornbeck Offshore Operators, LLC, Hornbeck Offshore Services, LLC and ABC Insurance Company
Louisiana Court of Appeal · Decided September 25, 2019

Ward Spivey v. Hornbeck Offshore Operators, LLC, Hornbeck Offshore Services, LLC and ABC Insurance Company

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT WARD SPIVEY NO. 2019 CW 0703 VERSUS

HORNBECK OFFSHORE OPERATORS, LLC, HORNBECK OFFSHORE SEP 2 5 2019 SERVICES, LLC AND ABC INSURANCE COMPANY

In Re: Hornbeck Offshore Services, LLC and Hornbeck Offshore Operators, LLC, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 133472.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT GRANTED WITH ORDER. The district court' s April 26, 2019 judgment directing Integrity Investigation, Inc. d/ b/ a Terrell Miceli Investigations (" TMI") to respond in full to the subpoena tecum issued by Plaintiff, Ward Spivey, with duces the exception of any correspondence received by TMI from counsel for the Defendants, is vacated. Work product protection afforded pursuant to La. Code Civ. P. art. 1424( A) extends to materials prepared by agents for the attorney as well as those prepared by the attorney himself. See U. S. v. Nobles, 422 U. S. 225, 95 S. Ct. 2160, 45 L. Ed. 2d 141 ( 1975). Therefore, this matter is remanded to the district court with instruction to conduct an in camera inspection of the responsive documents to determine whether any documents are subject to work product protection in accordance with this ruling.

VGW JMG

Crain, J., concurs. The in camera inspection should

identify any privilege applicable to the documents.

COURT OF APPEAL, FIRST CIRCUIT

DVPT T CLERK OF COURT FOR THE COURT

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