STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IN THE MATTER OF CHARLES L. NO. 2022 CW 0573 TRICHELL AND SPENCER H.

CALAHAN

MAY 31, 2022

In Re: Spencer H. Calahan, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 706757.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED. The trial court did not abuse its discretion in denying the motion seeking a continuance of the trial in this matter. Counsel for relator agreed to the trial date set forth in the case management order without ascertaining the availability of relator. I: i addition, despite the fact that counsel for relator had issu d a notice of depositions set to occur on May 10, 2022, counse L agreed to a discovery cutoff date of May 4, 2022.

JEW

Theriot, J., concurs and would deny the writ. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are not met.

McClendon, J., dissents in part and concurs in part. While I concur in the denial of the writ as to the denial of the motion for contempt, I dissent and would grant the motion seeking a continuance of the trial. The objectives of the Louisiana discovery process are " afford[ ing] all parties a fair opportunity to obtain facts pertinent to the litigation," discover[ ing] the true facts and compel[ ling] disclosure of these facts wherever they may be found," and " assist[ ing] litigants in their for trial." preparing cases Discovery statutes are to be " liberally and broadly construed to achieve their] intended objectives." Hicks v. USAA Gen. Indem. Co., 2021- 00840 ( La. 3/ 25/ 22), 2022 WL 884028. The parties herein continued to discovery and engage in should be allowed the opportunity to complete such discovery.

COURT OF APPEAL, FIRST CIRCUIT

I• DEPUTY CLERK OF COURT FOR THE COURT