Louisiana Court of Appeal, 2022

National Oilwell Varco, L.P. v. Dual Trucking & Transport, LLC

National Oilwell Varco, L.P. v. Dual Trucking & Transport, LLC
Louisiana Court of Appeal · Decided May 20, 2022

National Oilwell Varco, L.P. v. Dual Trucking & Transport, LLC

Opinion

Rodd Naquin Clerk of Court Docket Number: 2022 - CW - 0147 National Oilwell Varco, L.P. versus Dual Trucking & Transport, LLC To: Frederic Courtney Fondren Wood Street Houma, LA 70360 Meghan E. Trahan E. Vermillion Street Suite 300 Lafayette, LA 70501

Office Of The Clerk Court of Appeal, First Circuit State of Louisiana www.la-feca.org Notice of Judgment and Disposition May 20, 2022 Cynthia Gatlin Sonnier Esq.

100 East Vermilion Street Suite 300 Lafayette, LA 70501 Hon. Randall L. Bethancourt 7856 Main Street Houma, LA 70360 Post Office Box 4408 Baton Rouge, LA 70821-4408 (225) 382-3000 In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel.

Sm) RODD NAQUIN CLERK OF COURT STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

NATIONAL OILWELL VARCO, L.P. NO. 2022 CW 0147 VERSUS DUAL TRUCKING & TRANSPORT, MAY 20, 2022 LLC In Re: Dual Trucking & Transport, LLC, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 172051.

BEFORE : McDONALD, LANER, AND WOLFE, JJ.

STAY DENIED; WRIT GRANTED. An action is abandoned when the parties fail to take any step in its prosecution or defense in the district court for a period of three years. La. Code Civ. P. art. 561(A) (1). Abandonment is self-executing; it occurs automatically with the passing of three years without a step being taken by either party. See La. Code Civ. P. art. 561 (A) (1) and (3). The June 18, 2018 corporate deposition was the last step taken towards the prosecution of this matter.

Thereafter, the special suspension ordered by the Louisiana Supreme Court following Hurricane Laura did not extend plaintiff’s abandonment deadline. See La. Code Civ. P. art. 562(B). The action filed by plaintiff, National Oilwell Varco, L.P., abandoned on June 18, 2021, by operation of law.

Accordingly, the December 21, 2021 order of the trial court that set aside the July 9, 2021 dismissal is hereby reversed and plaintiff’s claims asserted against defendant, Dual Trucking & Transport, LLC, are dismissed without prejudice.

JMM WIL EW COURT OF APPEAL, FIRST CIRCUIT OS) DEPUTY CLERK OF COURT FOR THE COURT

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