Louisiana Court of Appeal, 2021

Michael Miazza, Individually and on behalf of all others similarly situated v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

Michael Miazza, Individually and on behalf of all others similarly situated v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College
Louisiana Court of Appeal · Decided July 13, 2021

Michael Miazza, Individually and on behalf of all others similarly situated v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MICHAEL MIAZZA, INDIVIDUALLY AND NO. 2021 CW 0750 ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

VERSUS

BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE

CONSOLIDATED WITH

TAYLOR GUNTER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED

VERSUS

LOUISIANA STATE UNIVERSITY SYSTEM, AND OTHER AFFILIATED ENTITIES AND INDIVIDUALS MARY L.

WERNER, ROBERT S. DAMPF, JAMES M.

WILLIAMS, RONALD R. ANDERSON, LEE MALLETT, RICHARD E. ZUSCHLAG, JACK A. BLOSSMAN, REMY VOISIN STARNS, JIMMIE M. WOODS, GLENN ARMENTOR, VALENCIA S. JONES, B.

WAYNE BROWN, PATRICK C. MORROW, JULY 13, 2021 RAYMOND R. MORRIS AND COLLIS B.

TEMPLE

In Re: Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. 696918, 698930.

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

STAY DENIED; WRIT GRANTED WITH ORDER. We vacate the portions of the trial court' s June 11, 2021 judgment which granted the plaintiff, Michael Miazza' s, Motion to Compel and denied the defendant, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College' s LSU' s) Motion for Protective Order and/ or to Stay Discovery.

The orders applied for by these motions are not orders to which the movers are clearly entitled to, and therefore, the trial court erred in on the motions ruling without a contradictory hearing. See La. Code Civ. P. art. 963.

Accordingly, this matter is remanded to the trial court with instructions to set plaintiff' s Motion to Compel and defendant' s Motion for Protective Order to and/ or Stay Discovery for contradictory hearings.

VGW JEW EW

COURT OF APPEAL, FIRST CIRCUIT

RD' EAPUTY FOR CLERK THE OF COURT COURT

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