STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT JEPRECE ROUSSELL, ON BEHALF NO. 2021 CW 1111 OF AND AS TUTRIX FOR S.C.R., THE MINOR CHILD OF KIERSTON ROUSSELL DECEASED, ET AL.

VERSUS PBFX OPERATING COMPANY, LLC, ET AL.

CONSOLIDATED WITH LEROY BROWN AND ERRON LEWIS VERSUS PBFX OPERATING COMPANY, LLC, SEPTEMBER 24, 2021 ET AL.

In Re: Chalmette Refining, LLC, PBF Holding Company, LLC, PBFX Operating Company, LLC, Guy Swinford, and Michael Menesses, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 672352 c/w 681234.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY DENIED; WRIT DENIED. The trial court is to rule on the defendants' motion for summary judgment and the motion for continuance of the trial. The trial court's judgment on the motion for summary judgment shall be in accordance with La. Code Civ. P. article 966 (C) ( 3), which states, " The court shall render a judgment on the motion not less than twenty days prior to the trial." If the trial court grants the motion for summary judgment and the relators are dismissed, the trial may continue against the remaining parties who have not filed a motion for summary judgment.

JMG GH

Chutz, J., concurs and would deny the stay and deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

0.JJ D CLERK OF COURT FOR THE COURT