Louisiana Court of Appeal, 2019

Jessica Arcement v. Blue Bayou Waterpark, LLC

Jessica Arcement v. Blue Bayou Waterpark, LLC
Louisiana Court of Appeal · Decided September 18, 2019

Jessica Arcement v. Blue Bayou Waterpark, LLC

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JESSICA ARCEMENT, LAUREN NO. 2019 CW 0518 CHAGNARD, AND AMANDA CONRAD

VERSUS

BLUE BAYOU WATERPARK, LLC SEP 18 2019 AND DIXIE LANDIN' LLC

In Re: Jessica Arcement, Lauren Chagnard, and Amanda Conrad, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 648978.

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

WRIT NOT CONSIDERED. The writ application fails to comply with Rule 4- 5( C)( 6) of the Uniform Rules of Louisiana Courts of Appeal, as it does not include a signed judgment. However, relators may file a new writ application within the applicable time delays. See La. Code Civ. P. art. 1914( B); Rule 4- 3 of the Uniform Rules of Louisiana Courts of Appeal.

VGW WJC

Guidry, J., dissents and would grant the writ application.

Although information on social media accounts is generally discoverable, discovery requests for social media information should be " time and subject -matter limited." See Scott v. United States Postal Serv., No. 15- 712, 2016 WL 7440468 ( M. D.

La. Dec. 27, 2016) ( unpublished). Accordingly, I would reverse the February 5, 2019 ruling ordering the unlimited production of relators' social media accounts, both public and private, as part of the discovery requested by respondents and limit the request for production to all information from relators' Facebook accounts, including, but not limited to, pictures, wall posts, and messages, since the September 6, 2015 accident that: 1) refer or relate to the physical injuries relators allegedly sustained as a result of the accident and any treatment received therefor; or ( 2) refer to or reflect physical capabilities that are inconsistent with the injuries relators allegedly suffered as a result of the accident. See Id.

COURT OF APPEAL, FIRST CIRCUIT

DE Y CLERK OF COURT FOR THE COURT

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