STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT HELEN JOHNSON NO. 2021 CW 0598

VERSUS

PINNACLE ENTERTAINMENT, INC., D/ B/ A/ L" AUBERGE CASINO & HOTEL BATON ROUGE JULY 19, 2021 AND ABC INSURANCE COMPANY

In Re: Pinnacle Entertainment, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 683198.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED WITH ORDER. The trial court' s April 29, 2021 judgment denying the motion for summary judgment filed by Defendant, Pinnacle Entertainment, Inc. is vacated. Pinnacle raised a timely objection to evidence submitted in the reply to its motion for summary judgment. However, the district court failed to rule on the admissibility of such evidence. La. Code Civ. P. art. 966( D)( 2) provides that the court shall consider

timely filed objections and specifically state on the record or in writing which documents, if any, it held to be inadmissible or declined to consider prior to ruling on the motion for summary judgment. This matter is remanded to the trial court for compliance with La. Code Civ. P. art. 966( D)( 2) and a ruling on the motion for summary judgment filed by the defendant after determination ofany evidentiary issues pursuant to La. Code Civ. P. art. 966( C)( 4).

VGW JEW EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYCOF COURT FOR THE COURT