STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CAMSOFT DATA SYSTEMS, INC. NO. 2022 CW 1210 VERSUS SOUTHERN ELECTRONICS SUPPLY, JANUARY 18, 2024 INC. AND ACTIVE SOLUTIONS, LLC

In Re: Cams oft Data Systems, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 582741.

BEFORE: McCLENDON, HOLDRIDGE, AND GREENE, JJ.

REFERRAL TO APPEAL RECALLED; WRIT DENIED. The criteria set forth in Berlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam), are not met.

PMc GH Greene, J., dissents and would grant the writ. I would reverse the trial court's October 7, 2022 judgment granting the motion for partial summary judgment filed by defendants, MMR Group, Inc., MMR Offshore Services, Inc. and MMR Constructors, Inc. d/b/a MMR Communications, seeking to dismiss the lost business value damages claim of plaintiff, Camsoft Data Systems, Inc., and deny the motion. Only documents actually filed in support of or in opposition to the motion for summary judgment may be considered by the court on a motion for summary judgment. La. Code Civ. P. art. 966(0) (2) & Comments 2015, comment (k); Alvin Fairburn & Associates, LLC v. Harris, 2020- 9 0 (La. App. 1st Cir. 10 / 18 / 21) , 2 0 21 WL 4 8 4 3 5 8 4 , * 3- 4 (unpublished). Thus, we may not rely upon the arguments and exhibits that defendants, MMR Group, Inc., MMR Offshore Services, Inc. and MMR Constructors, Inc. d/b/a MMR Communications, attempted to adopt by reference from the motion for partial summary judgment and supporting memorandum filed by defendants, Dell, Inc. and Dell Marketing, L.P. Defendants, MMR Group, Inc., MMR Offshore Services, Inc. and MMR Constructors, Inc. d/b/a MMR Communications, made no arguments and did not attach any exhibits to their motion for partial summary judgment. Thus, they have failed to point out to the court the absence of factual support for one or more elements essential to Camsoft Data System, Inc.'s claim for lost business value damages.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT