text:
    Patricia LEBOURGEOIS, as Legal Tutrix of the Minor Child, Kevin Robert Temple v. Officer Leo KELLER, Officer Gerrick Nelson, Officer Otis Nacoste, Sergeant Jack Cullen, Greg Phares, Chief of Police, Baton Rouge Police Department and City of Baton Rouge.
    No. 2007-C-1182.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re LeBourgeois, Patricia et al.;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 452465; to the Court of Appeal, First Circuit, No. 2006 CA 1417.

Denied.


source: Caselaw Access Project

license: Public Domain

text:
    MB INDUSTRIES, LLC v. CNA INSURANCE COMPANY; Steven G. Durio; Steven G. Durio, P.C.; Durio, McGoffin, Stagg & Ackermann; John Haas Weinstein; John Haas Weinstein, APLC; ABC Insurance Company; DEF Insurance Company; GHI Insurance Company; JKL Insurance Company.
    No. 2007-C-1186.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Durio, Steven G.; Steven G. Durio, P.C.; Durio, McGoffín, Stagg & Acker-mann; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 518,298; to the Court of Appeal, First Circuit, No(s). 2006 CA 1084, 2007 CW 0422.

Denied.

KIMBALL, J., would grant.


text:
    Robert BAUER, et al. v. DEAN MORRIS, L.L.P., et al.
    No. 2007-CC-1188.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Heck, Charles H. Jr.; Morris, John C. Ill; Dean Morris L.L.P.; Dean, George Jr.; Courteau, Candace A.; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, Nos. 05-2173, 05-2174; to the Court of Appeal, Fourth Circuit, No. 07-C-0370.

Denied.


text:
    LOUISIANA RETAILERS MUTUAL INSURANCE COMPANY v. Jimmie DERAMUS, Individually, Jimmie Deramus d/b/a Silver Dollar Pawn and Jewelry Center, and Jimmie Deramus d/b/a Jimmie Deramus Properties.
    No. 2007-OC-1189.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Louisiana Retailers Mut. Ins. Co.; — Plaintiff; Applying for Writ of Cer-tiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 515,052; to the Court of Appeal, First Circuit, No. 2006 CA 1427.

Denied.

VICTORY, J., would grant.


text:
    Teresa Mae Badeaux FERNANDEZ v. Donald F. HEBERT, et al.
    No. 2007-C-1190.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Fernandez, Charles Raymond et al.; — Plaintiff; Applying for Writ of Cer-tiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. C, No. 101047; to the Court of Appeal, First Circuit, No. 2006 CA 2401.

Denied.

WEIMER, J., recused.


text:
    MB INDUSTRIES, LLC v. CNA INSURANCE COMPANY; Steven G. Durio; Steven G. Durio, P.C.; Durio, McGoffin, Stagg & Ackermann; John Haas Weinstein; John Haas Weinstein, APLC; ABC Insurance Company; DEF Insurance Company; GHI Insurance Company; JKL Insurance Company.
    No. 2007-C-1191.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Weinstein, John Haas; John Haas Weinstein, APLC; Continental Casualty Company; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 518,298; to the Court of Appeal, First Circuit, No(s). 2006 CA 1084, 2007 CW 0422.

Denied.

KIMBALL, J., would grant.


text:
    Adam GAUTREAUX and Mary Gautreaux, Individually and on Behalf of Patrick Paul Gautreaux v. T.T.C. ILLINOIS, INC., Neal Arabie, Gary Pitre and Bryan Guillot.
    No. 2007-C-1194.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Gautreaux, Patrick Paul; Gau-treaux, Adam et al.; Gautreaux, Mary;— Plaintiff(s); , Parish of Terrebonne, 32nd Judicial District Court Div. D, No. 131137-D; to the Court of Appeal, First Circuit, No. 2006 CA 1321.

Denied.


text:
    Cherrie LEIGHOW v. Kelly M. CRUMP, et al.
    No. 2007-C-1195.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Kean’s The Cleaner; — Other; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 490,122; to the Court of Appeal, First Circuit, No. 2006 CA 0642.

Denied.


text:
    Corey HALPHEN v. Luis O. BORJA, Davis Mechanical Contractors, Inc., Eagle Insurance Company, State Farm Mutual Automobile Insurance Company, and the American Central Insurance Company.
    No. 2007-C-1198.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Halphen, Corey; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 474,481; to the Court of Appeal, First Circuit, No. 2006 CA 1465.

Denied.


text:
    BARBER BROTHERS CONTRACTING COMPANY, L.L.C. v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and City of Baton Rouge/Parish of East Baton Rouge.
    No. 2007-C-1200.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Barber Brothers Contracting Company L.L.C.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. F, No. 535,893; to the Court of Appeal, First Circuit, No. 2006 CA 1593.

Denied.


text:
    Henry Carey PIETSCH and Janice C. Pietsch, Individually and as Administrators of the Estate of the Minor, Ashlee Nicole Pietsch v. Christopher David FARMER, et al.
    No. 2007-C-1201.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Pietsch, Janice C.; Pietsch, Henry Carey et al.; Pietsch, Ashlee Nicole Estate of; — Plaintiff(s); Applying for Writ of Cer-tiorari and/or Review, Parish of Red River, 39th Judicial District Court Div. 0, No. 38,448; to the Court of Appeal, Second Circuit, No. 42,172-CA.

Denied.


text:
    Herlisha WILLIAMS, Individually and on Behalf of Her Minor Child, Savios Walls v. PERMANENT GENERAL ASSURANCE COMPANY, Vantrice Moore, Safeway Insurance Company and Cain Wall, IV Vantrice Moore, Individually and as Natural Tutrix of the Minor Child Ziporiah Hall, and Natasha Reed v. Safeway Insurance Company, Yvonne Coleman and Cain Wall IV.
    No. 2007-C-1203.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Safeway Insurance Company of Louisiana; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Tan-gipahoa, City Court of Hammond, Nos. 1-0108-0027, 1-0209-0031; to the Court of Appeal, First Circuit, No(s). 2006 CA 1204, 2006 CA 1203.

Denied.


text:
    Monica Ray Franques, Wife of/and Gene Harold FRANQUES v. Larry JONES, Gulf States Intermodal, Inc., Boasso America Corporation, Reliance National Indemnity Company, Victor Hogan, National Union Fire Insurance Company of Louisiana, and State Farm Mutual Automobile Insurance Co.
    No. 2007-C-1212.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Boasso America Corporation; Gulf States Intermodal Inc.; Jones, Larry et al.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 2000-4963; to the Court of Appeal, Fourth Circuit, No(s). 2006-CA-1177, 2006-C-0694.

Denied.


text:
    Bernard SCHMALTZ v. Archbishop Alfred HUGHES, et al.
    No. 2007-CC-1213.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Schmaltz, Bernard; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 04-5721; to the Court of Appeal, Fourth Circuit, No. 2007-C-0679.

Denied.

KIMBALL, J., would grant.

TRAYLOR, J., would grant.


text:
    R.G. CLAITOR’S REALTY v. Bill RIGELL and GJR, Inc. d/b/a Eagle Travel Consultants.
    No. 2007-C-1214.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Rigell, Bill et ah; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, No. 450,658; to the Court of Appeal, First Circuit, No(s). 2006 CA 1629, 2006 CA 2336.

Denied.


text:
    SUCCESSION OF James D. WOOD.
    No. 2007-C-1216.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Gibson, T.A.; — Other; Applying for Writ of Certiorari and/or Review, Parish of Vernon, 30th Judicial District Court Div. B, No. 64132; to the Court of Appeal, Third Circuit, No. 06-1651.

Denied.


text:
    MB INDUSTRIES, LLC v. CNA INSURANCE COMPANY; Steven G. Durio; Steven G. Durio, P.C.; Durio, McGoffin, Stagg & Ackermann; John Haas Weinstein; John Haas Weinstein, APLC; ABC Insurance Company; DEF Insurance Company; GHI Insurance Company; JKL Insurance Company.
    No. 2007-C-1217.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Continental Casualty Company;— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 518,298; to the Court of Appeal, First Circuit, No(s). 2006 CA 1084, 2007 CW 0422.

Denied.

KIMBALL, J., would grant.


text:
    Cherrie LEIGHOW v. Kelly M. CRUMP, et al.
    No. 2007-C-1218.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Leighow, Cherrie; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 490,122; to the Court of Appeal, First Circuit, No. 2006 CA 0642.

Denied.


text:
    INTER CITY EXPRESS, INC. v. MALLORY GROUP, INC. d/b/a Luv N Care.
    No. 2007-C-1219.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Luv N Care; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, No. 2001-20201; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1340.

Denied.


text:
    STATE of Louisiana v. Colon C. BASS.
    No. 2007-KK-1220.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, Nos. 06-WFLN-B73, W-06-9-338; to the Court of Appeal, First Circuit, No. 2007 KW 0531.

Denied.

TRAYLOR, J., would grant.


text:
    Marta C. FAGOT v. John Douglas PARSONS.
    No. 2007-C-1228.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Fagot, Marta C.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. C, No. 03-6023; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1528.

Denied.


text:
    Lottie MORGAN v. CITY OF BATON ROUGE and Parish of East Baton Rouge.
    No. 2007-C-1239.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Morgan, Lottie; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 482315; to the Court of Appeal, First Circuit, No. 2006 CA 0158.

Denied.

CALOGERO, C.J., would grant.

JOHNSON, J., would grant.


text:
    Ralph STUCKEY v. WALLACE C. DRENNAN, INC., et al.
    No. 2007-CC-1240.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Wallace C. Drennan, Inc., et al.; Gray Insurance Company; — Defendant(s); Applying for Supervisory and/or Remedial Writs Office of Workers’ Compensation, District # 08, No. 06-04535; to the Court of Appeal, Fourth Circuit, No. 2007-C-0590.

Denied.


text:
    Antoinette M. RIDER v. Kevin AMBEAU, Sr., George Grace, Sr. and the City of St. Gabriel.
    No. 2007-CC-1247.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Grace, George Sr.; Ambeau, Kevin Sr. et al.; St. Gabriel, City of; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. A, No. 61,130; to the Court of Appeal, First Circuit, No. 2007 CW 0097.

Denied.

VICTORY, J., would grant.

KNOLL, J., would grant.


text:
    Daniel J. DELAUP, Individually and as the Succession Representative of the Estate of Shirley D. Delaup, et al. v. MALTA SQUARE AT SACRED HEART LIMITED PARTNERSHIP d/b/a Malta Square at Sacred Heart Senior Living Residence.
    No. 2007-CC-1248.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Milton J. Womack Inc.; — Third Party; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2005-3345; to the Court of Appeal, Fourth Circuit, No. 2007-C-0281.

Denied.


text:
    Teresa Mae Badeaux FERNANDEZ v. Donald F. HEBERT, et al.
    No. 2007-C-1259.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Fernandez, Charles Raymond et al.; — Plaintiff; Applying for Writ of Cer-tiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. C, Nos. 101047, 98312; to the Court of Appeal, First Circuit, No. 2007 CA 883.

Denied.

WEIMER, J., recused.


text:
    STATE of Louisiana v. Henry MCCOY.
    No. 2007-KK-1260.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re McCoy, Henry; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. B, No. 465-024; to the Court of Appeal, Fourth Circuit, No. 2007-K-0271.

Denied.

JOHNSON, J., Would grant.


text:
    STATE of Louisiana v. Derrick KIRTON.
    No. 2007-KK-1261.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Kirton, Derrick; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. G, No. 461-554; to the Court of Appeal, Fourth Circuit, No. 2007-K-0540.

Denied.


text:
    Charles Lee CUSHING v. CHRISTUS HEALTH CENTRAL LOUISIANA, et al.
    No. 2007-CC-1270.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Drury, Benjamin Todd M.D.; McCabe, John S. M.D.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. C, No. 225,111; to the Court of Appeal, Third Circuit, No. CW 07-00337.

Denied.

VICTORY, J„ Would grant.


text:
    Charles Lee CUSHING v. CHRISTUS HEALTH CENTRAL LOUISIANA, et al.
    No. 2007-CC-1284.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Christas Health Central Louisiana d/b/a; Christas St. Frances Cabrini Hospital; Hovnatanian, Gourgen L. M.D.; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. C, No. 225,111; to the Court of Appeal, Third Circuit, No. CW 07-00347.

Denied.

VICTORY, J„ Would grant.


text:
    STATE of Louisiana on Behalf of Terri Leigh MURPHY v. Agga L. HAREN.
    No. 2007-CJ-1285.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Harén, Agga L.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Bossier, 26th Judicial District Court Div. B, No. 15,567; to the Court of Appeal, Second Circuit, No. 42,-098-JWC.

Denied.


text:
    Norma Jean Courtney FECHTNER v. William R. BICE.
    No. 2007-C-1287.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Fechtner, Norma Jean Courtney; — Plaintiff; Applying for Writ of Cer-tiorari and/or Review, Parish of Tangipa-hoa, 21st Judicial District Court Div. B, No. 2004-004188-B; to the Court of Appeal, First Circuit, No. 2006 CA 2077.

Denied.


text:
    SW ORTHO PROPERTY COMPANY, L.L.C., et al. v. Dr. David DREZ, Jr.
    No. 2007-CC-1290.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re SW Ortho Property Company, L.L.C. et al.; Noble, John W. Dr.; Hinton, M. Alan Dr.; Collins, Geoffrey Dr.; Perry, James Dr.; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. G, No. 06-2956; to the Court of Appeal, Third Circuit, No. CW 07-00194.

Denied.

KIMBALL, J., would grant.


text:
    Robert Butch TROST, Sr., et al. v. Donald O’CONNOR, et al.
    No. 2007-C-1297.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Complete Insulation Drywall and Painting LLC; O’Connor, Donald et al.; Complete Drywall and Paint LLC; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 2003-3741; to the Court of Appeal, Third Circuit, No. 06-1281.

Denied.


text:
    STATE of Louisiana v. Warren CHAMP.
    No. 2007-KH-1743.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Champ, Warren; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court' Div. L, No. 470-027.

Denied. Appeal pending La.C.Cr.P. art. 924.1.


text:
    STATE of Louisiana v. Roger PAZ.
    No. 2007-KP-1776.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Paz, Roger; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. K, No. 05-5720; to the Court of Appeal, Fifth Circuit, No. 07-KH-541.

Denied.

CALOGERO, C.J., dissents from the denial of the writ application. I would grant the writ and docket the case for oral argument to resolve relevant questions presented by this application, or at least I would grant and remand the case to the

court of appeal for that court to decide these issues, which include: (a) Whether the video-camera or closed-circuit television procedure used to take this defendant’s guilty plea complies with La.Code Crim. Pro. art. 556.1; (b) Whether that procedure violates the defendant’s right to be physically present at critical stages of the prosecution; and (c) Whether that procedure violates the defendant’s right to the assistance of counsel. See People v. Guttendorf, 309 Ill.App.3d 1044, 723 N.E.2d 838, 243 Ill.Dec. 535 (3d Dist.2000), app. denied, 188 Ill.2d 572, 729 N.E.2d 500, 246 Ill.Dec. 127 (Ill.2000); see also Annotation, Constitutional and Statutory Validity of Judicial Videoconferencing, 115 A.L.R.5th 509 (West 2004).

JOHNSON, J., would grant.


text:
    Terrell PARFAIT v. TRANSOCEAN OFFSHORE, INC., and Shell Oil Products Co.
    No. 2007-C-1831.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Transocean Offshore Inc. et al.; Transocean Offshore Ventures Inc.; — Defendants); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. G, No. 99-13098; to the Court of Appeal, Fourth Circuit, No(s). 2004-CA-1271, 2005-CA-0174.

Denied. Considering the disposition of writ number 2007-C-1816, the issues presented in this writ are premature.

TRAYLOR, J., recused.


text:
    Ella Mae JOSEPH v. Dr. Marshall P. STAGG, II, Dr. Geoffrey Odom, & Our Lady of the Lake Hospital, Inc. d/b/a Our Lady of the Lake Regional Medical Center.
    No. 2007-C-1199.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re Joseph, Ella Mae; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 521,418; to the Court of Appeal, First Circuit, No. 2006 CA 1440.

Denied.

TRAYLOR, J., recused.


text:
    Josephine O’ROURKE v. DAYS INN NEW ORLEANS, Days Inn Worldwide, Inc. d/b/a Days Inn New Orleans and Days Inn Acquisition Corporation d/b/a Days Inn New Orleans.
    No. 2007-C-1268.
    Supreme Court of Louisiana.
    Sept. 21, 2007.
   In re O’Rourke, Josephine; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. E, No. 2002-8092; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1588.

Denied.


text:
    David DECULUS, Clara Deculus, Della Neely and Nancy Salemi v. Doug WELBORN, Clerk of Court for East Baton Rouge Parish and Candidate Cleo Fields.
    No. 2007-C-1888.
    Supreme Court of Louisiana.
    Sept. 24, 2007.
   In re Fields, Cleo; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 559,067; to the Court of Appeal, First Circuit, No. 2007 CE 1836.

Granted.


text:
    Petrina IMBRAGUGLIO v. Barry C. BERNADAS, Individually and in his Capacity as Candidate for the Office of Sheriff, St. Bernard Parish and Lena R. Torres, in Her Capacity as Clerk of Court for the Thirty-Fourth Judicial District Court for the Parish of St. Bernard State of Louisiana.
    No. 2007-C-1891.
    Supreme Court of Louisiana.
    Sept. 26, 2007.
   In re Bernadas, Barry C. et al.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. B, No. 110-716; to the Court of Appeal, Fourth Circuit, No. 2007-CA-1220.

Denied.

JOHNSON, J., would grant.


text:
    LOUISIANA STATE BOARD OF ETHICS v. Robert MURRAY and the Hon. Arthur A. Morrell, Commissioner of Elections for the Parish of Orleans.
    No. 2007-C-1894.
    Supreme Court of Louisiana.
    Sept. 27, 2007.
   In re Louisiana State Board of Ethics;— Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, No. 2007-12743; to the Court of Appeal, Fourth Circuit, No. 2007-CA-1219.

Denied.


text:
    STATE of Louisiana, Through Dough MOREAU, District Attorney for the 19th Judicial District of Louisiana v. Vincent Mark CASTILLO.
    No. 2007-C-1900.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Castillo, Vincent Mark; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 559,161; to the Court of Appeal, First Circuit, No. 2007 CE 1865.

Denied.

KIMBALL, J., would not consider the writ because it was filed untimely in the court of appeal.


text:
    STATE of Louisiana v. Kevin Paul JACOBS.
    No. 2007-OK-1789.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Jacobs, Kevin Paul; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Avoyelles, 12th Judicial District Court Div. A, Nos. 133051, 135608, 133050; to the Court of Appeal, Third Circuit, No. KW 07-00858.

Denied.


text:
    STATE of Louisiana v. Philip MCKEON.
    No. 2007-KK-1327.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re McKeon, Philip; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 450-096; to the Court of Appeal, Fourth Circuit, No. 2007-K-0500.

Denied.


text:
    STATE of Louisiana v. Justin SAVOY.
    No. 2007-KP-0118.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Savoy, Justin; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. C, No. 101521; to the Court of Appeal, Third Circuit, No. KW 06-01092.

Denied.


text:
    STATE of Louisiana v. Willie ROBINSON, Jr.
    No. 2007-K-0129.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Robinson, Willie Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of West Feliciana, 20th Judicial District Court Div. B, No. W-04-9-324; to the Court of Appeal, First Circuit, No. 2006 KA 0135.

Denied.


text:
    STATE of Louisiana v. Rodney D. DOZIER, Jr.
    No. 2007-KO-0140.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Dozier, Rodney D. Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. I, No. 455-403; to the Court of Appeal, Fourth Circuit, No. 2006-KA-0621.

Denied.


text:
    STATE of Louisiana v. William SHUMAKER.
    No. 2007-KO-0144.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Shumaker, William; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Bossier, 26th Judicial District Court Div. F, No. 120,104; to the Court of Appeal, Second Circuit, No. 41,-547-KA.

Denied.


text:
    STATE of Louisiana v. Joseph Jody DUPLICHAN.
    No. 2007-KO-0148.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Duplichan, Joseph Jody; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Allen, 33th Judicial District Court Div. 0, No. CR05-3814; to the Court of Appeal, Third Circuit, No. KA 06-852.

Denied.


text:
    STATE of Louisiana v. Randolph VANCE.
    No. 2007-KO-0152.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Vance, Randolph; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. E, No. 03-7248; to the Court of Appeal, Fifth Circuit, No. 06-KA-452.

Denied.


text:
    STATE of Louisiana v. Carey Louis HOOD.
    No. 2007-KO-0167.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hood, Carey Louis; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. B, No. 267,664; to the Court of Appeal, Third Circuit, No(s). KH 06-693, KA-06-1039.

Denied.

JOHNSON, J., would grant.


text:
    STATE of Louisiana v. Luther Gerald SIMMONS.
    No. 2007-KP-0193.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Simmons, Luther Gerald; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. C, No. 100128; to the Court of Appeal, First Circuit, No. 2006 KW 2224.

Denied.


text:
    STATE of Louisiana v. Gary SMITH.
    No. 2007-K-0211.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Smith, Gary; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. D, No. 406581; to the Court of Appeal, First Circuit, No. 2006 KA 0820.

Denied.

WEIMER, J., recused.


text:
    STATE of Louisiana v. Elton CROCHET, Jr.
    No. 2007-K-0212.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Crochet, Elton Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Assumption, 23rd Judicial District Court Div. B, Nos. 00-49, 00-185, 00-186; to the Court of Appeal, First Circuit, No(s). 2004 KA 0628R, 2004 KA 0629R, 2004 KA 0680R.

Denied.


text:
    STATE of Louisiana v. Stanley J. BRUMFIELD.
    No. 2007-K-0213.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Brumfield, Stanley J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafourche, 17th Judicial District Court Div. B, No. 414845; to the Court of Appeal, First Circuit, No. 2005 KA 2500.

Denied.

WEIMER, J., recused.


text:
    STATE of Louisiana v. Timothy E. ROBERTSON.
    No. 2006-K-1537.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re State of Louisiana; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Grant, 35th Judicial District Court Div. 0, No. 04-575; to the Court of Appeal, Third Circuit, No. 06-167.

Granted.


text:
    STATE ex rel. Aaron HAMILTON v. STATE of Louisiana.
    No. 2007-KH-0874.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hamilton, Aaron; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. L, Nos. 103879, 76719; to the Court of Appeal, Third Circuit, No. 07-00163.

Denied.


text:
    STATE ex rel. Lawrence Herman REED v. STATE of Louisiana.
    No. 2006-KH-2961.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Reed, Lawrence Herman; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. E, No. 225, 822; to the Court of Appeal, Third Circuit, No. KH 06-00889.

Denied.


text:
    STATE ex rel. Robert CHEATHAM v. STATE of Louisiana.
    No. 2006-KH-2962.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Cheatham, Robert; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. D, No. 401875; to the Court of Appeal, First Circuit, No. 2006 KW 1788.

Denied.


text:
    STATE ex rel. Melvin SIGUE v. STATE of Louisiana.
    No. 2006-KH-2963.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Sigue, Melvin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. H, No. 04-CR-389; to the Court of Appeal, Third Circuit, No. 06-527.

Denied.


text:
    STATE ex rel. Aaron HAMILTON v. STATE of Louisiana.
    No. 2006-KH-2964.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hamilton, Aaron; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, Nos. 79320, 76719; to the Court of Appeal, Third Circuit, No. KH 06-01248.

Denied.


text:
    STATE ex rel. Albert CORKERN v. STATE of Louisiana.
    No. 2006-KH-3001.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Corkern, Albert; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. D, No. 98422; to the Court of Appeal, First Circuit, No. 2006 KW 1893.

Denied.


text:
    STATE ex rel. Charles Edward PARKER v. STATE of Louisiana.
    No. 2006-KH-3002.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Parker, Charles Edward; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. D, No. 318268; to the Court of Appeal, First Circuit, No. 2006 KW 2052.

Denied.


text:
    STATE ex rel. Derrick Demetrius DUNCAN v. STATE of Louisiana.
    No. 2006-KH-3004.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Duncan, Derrick Demetrius;— Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, N'o. 205,764; to the Court of Appeal, Second Circuit, No. 41962-KH.

Denied.


text:
    STATE ex rel. Robert GUIDRY v. STATE of Louisiana.
    No. 2006-KH-3005.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Guidry, Robert; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Mary, 16th Judicial District Court Div. H, No. 99-152-059; to the Court of Appeal, First Circuit, No. 2006 KW 2112.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Royal A. EVERY v. STATE of Louisiana.
    No. 2006-KH-2924.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Every, Royal A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 95-5526; to the Court of Appeal, Fifth Circuit, No. 06-KH-788.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Mitchell HEBERT v. STATE of Louisiana.
    No. 2006-KH-2925.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hebert, Mitchell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, No. 64085; to the Court of Appeal, Third Circuit, No. KH 06-01240.

Denied. Untimely and repetitive. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.4(A).


text:
    STATE ex rel. Sylvester DAUGHTRY v. STATE of Louisiana.
    No. 2006-KH-2926.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Daughtry, Sylvester; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Desoto, 11th Judicial District Court Div. A, No. 04-11394; to the Court of Appeal, Second Circuit, No. 41679-KH.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Gregory MASON v. STATE of Louisiana.
    No. 2006-KH-2927.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Mason, Gregory; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 8-00-0199; to the Court of Appeal, First Circuit, No. 2006-KW-1492.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2380 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Wayne DUNCAN v. STATE of Louisiana.
    No. 2006-KH-2928.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Duncan, Wayne; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. I, No. 302-275; to the Court of Appeal, Fourth Circuit, No. 2006-K-1453.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Joseph BROOKS v. STATE of Louisiana.
    No. 2006-KH-2929.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Brooks, Joseph; — Plaintiff;- Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. G, No. 2-97-0380; to the Court of Appeal, First Circuit, No. 2006 KW 1805.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

WEIMER, J., recused.


text:
    STATE ex rel. Damon SMITH v. STATE of Louisiana.
    No. 2006-KH-2930.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Smith, Damon; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. C, No. 02-304; to the Court of Appeal, Fifth Circuit, No. 05-KA-951.

Denied.

JOHNSON, J., would grant.


text:
    STATE ex rel. Milton BILLIOT, Jr. v. STATE of Louisiana.
    No. 2006-KH-2935.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Billiot, Milton Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. B, No. 211,018; to the Court of Appeal, First Circuit, No. 2006 KW 1868.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

WEIMER, J., recused.


text:
    STATE ex rel. Kellen PARKER v. STATE of Louisiana.
    No. 2006-KH-2940.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Parker, Kellen; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 02-4386; to the Court of Appeal, Fifth Circuit, No. 06-KH-829.

Denied.


text:
    STATE ex rel. Brandon CITIZEN v. STATE of Louisiana.
    No. 2006-KH-2941.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Citizen, Brandon; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 99-10199; to the Court of Appeal, Third Circuit, No. KH 06-01114.

Denied.


text:
    STATE ex rel. Wallace ISTRE v. STATE of Louisiana.
    No. 2006-KH-2942.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Istre, Wallace; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. F, No. 33,555; to the Court of Appeal, Third Circuit, No. KH06-1565.

Denied.


text:
    STATE ex rel. Lan TRAN v. STATE of Louisiana.
    No. 2006-KH-2947.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Tran, Lan; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Vermilion, 15th Judicial District Court Div. G, No. 37931; to the Court of Appeal, Third Circuit, No. KH 06-01093.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Gerald A. WORACHEK v. STATE of Louisiana.
    No. 2006-KH-2951.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Worachek, Gerald A.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 11-00-176; to the Court of Appeal, First Circuit, No. 2006 KW 1512.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

WEIMER, J., recused.


text:
    STATE ex rel. Rick L. LOFTON v. STATE of Louisiana.
    No. 2006-KH-2952.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Lofton, Rick L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Webster, 26th Judicial District Court Div. 0, No. 72345; to the Court of Appeal, Second Circuit, No. 41,-423-KA.

Denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Rufus HENRY v. STATE of Louisiana.
    No. 2006-KH-2953.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Henry, Rufus; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Landry, 27th Judicial District Court Div. D, No. 91-K-0046; to the Court of Appeal, Third Circuit, No. KH 06-00973.

Denied. Untimely and repetitive. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.4(D).


text:
    In re APPEAL OF DECISION OF the DISCIPLINARY BOARD NO. 06-PDB-109 & 06-PDB-065.
    No. 2007-OB-0405.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Pavur, Nancy; — Plaintiff; Applying for Appeal of the Decision of the Disciplinary Board Office of the Disciplinary Board, Nos. 06-PDB-109, 06-PDB-065.

Leave to appeal denied.


text:
    SUCCESSION OF Donald Luke LEDOUX.
    No. 2007-C-1393.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Bourgeois, Kelly LeDoux; Fusilier, Verna LeDoux; — Other(s); Applying for Writ of Certiorari and/or Review, Parish of Iberville, 18th Judicial District Court Div. A, No. 9135-A; to the Court of Appeal, First Circuit, No. 2006 CA 1667.

Denied.


text:
    SUCCESSION OF Jeanette Perron ARDOIN.
    No. 2007-C-1332.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Ardoin, Wayne; Ardoin, Jeanette Perron Succ. of; — Other(s); Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. A, No. 04-P-1093-A; to the Court of Appeal, Third Circuit, No. 07-43.

Denied.


text:
    In the Matter of the SUCCESSION OF Bernice Hodges HUTCHINSON In the Matter of the Succession of Albert Sidney Hutchinson.
    No. 2007-C-1333.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hinners, Margorie; — Other; Applying for Writ of Certiorari and/or Review, Parish of Livingston, 21st Judicial District Court Div. G, Nos. 9483, 8175; to the Court of Appeal, First Circuit, No(s). 2006 CA 0447, 2006 CA 0446.

Denied.


text:
    Frank CACIOPPO, Sr., Frank Cacioppo, Jr., and Yvonne Cacioppo v. Brenda BRAUD and Braud & Braud.
    No. 2007-C-1395.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Cacioppo, Frank Sr. et al.; Caciop-po, Yvonne; Cacioppo, Frank Jr.; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of Tangipahoa, 21st Judicial District Court Div. H, No. 2005-0004103; to the Court of Appeal, First Circuit, No. 2006 CA 1861.

Denied.


text:
    KANSAS CITY SOUTHERN RAILWAY COMPANY v. Walter WINBUSH, B & B Transport Services, Inc. and Canal Insurance Company.
    No. 2007-C-1396.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Kansas City Southern Railway Company; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. E, Nos. 506,036, 495,730; to the Court of Appeal, First Circuit, No. 2006 CA 2068.

Denied.


text:
    The COWBOY CONNECTION, INC. Consolidated With the Western Connection, Inc. v. STATE of La., DOTD.
    No. 2007-C-1398.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Cowboy Connection Inc. et al.; Western Connection Inc.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Vernon, 30th Judicial District Court Div. B, Nos. 64,142-B, 62,499-B; to the Court of Appeal, Third Circuit, No(s). 07-68, 07-70.

Denied.


text:
    Tremekia J. BOYKINS v. Darren J. BOYKINS.
    No. 2007-C-1673.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Boykins, Darren J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. C, No. 2002-9081; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1277.

Denied.


text:
    Golden JONES v. LOUISIANA CASINO CRUISES, INC. d/b/a Casino Rouge.
    No. 2007-C-1386.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Jones, Golden; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 508,898; to the Court of Appeal, First Circuit, No. 2006 CA 2033.

Denied.


text:
    Octavia SHELVIN v. INTRALOX, L.L.C.
    No. 2007-C-1389.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Shelvin, Octavia; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 8, No. 2005-00884; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1418.

Denied.


text:
    Geraldine OUBRE and Linda Gentry on Their Behalf, as Well as Others, Similarly Situated v. LOUISIANA CITIZENS FAIR PLAN.
    No. 2007-C-1329.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Louisiana Citizens Property Ins. Corp.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, No. 625-567; to the Court of Appeal, Fifth Circuit, No. 07-CA-66.

Denied.


text:
    Jerry L. SYLVE v. Beverly SYLVE.
    No. 2007-CP-1330.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Sylve, Jerry L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. I, No. 2006-12365; to the Court of Appeal, First Circuit, No. 2007 CW 0337.

Denied.


text:
    Hazel M. HEBERT, on Behalf of Edgar Hebert v. LA DREKA GUESS, Biomedical Applications of Louisiana and Baton Rouge Medical Center.
    No. 2007-CC-1331.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Hebert, Hazel M. et al.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 527,428; to the Court of Appeal, First Circuit, No(s). 2007. CW 0375, 2007 CW 0364.

Denied.

CALOGERO, C.J., would grant.

JOHNSON, J., would grant.


text:
    Sarwat GAD, M.D. et al. v. Robert Ray GRANBERRY, et al.
    No. 2007-C-1336.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Dryvit Systems Inc.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2002-1616; to the Court of Appeal, Third Circuit, No. 07-117.

Denied.


text:
    Cabrina SPEARS v. RYAN’S STEAKHOUSE.
    No. 2007-C-1348.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Spears, Cabrina; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 06, No. 04-05420; to the Court of Appeal, First Circuit, No. 2006 CA 0999.

Denied.


text:
    ASCENSION PARISH SALES AND USE TAX AUTHORITY v. GULSBY ENGINEERING, INC.
    No. 2007-CC-1350.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Gulf Liquids New River Project LLC; — Third Party; Applying for Supervisory and/or Remedial Writs, Parish of Ascension, 23rd Judicial District Court Div. A, No. 82,223; to the Court of Appeal, First Circuit, No. 2007 CW 0517.

Denied.


text:
    Tyrone J. WHITE v. Dr. Christopher E. CENAC.
    No. 2007-C-1351.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re White, Tyrone J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Terrebonne, 32nd Judicial District Court Div. B, No. 147,117; to the Court of Appeal, First Circuit, No. 2006 CA 2009.

Denied.


text:
    Sarwat GAD, M.D. et al. v. Robert Ray GRANBERRY, et al.
    No. 2007-C-1361.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Granberry, Robert Ray et al.;— Defendant; Applying for Writ of Certiora-ri and/or Review, Parish of Lafayette, 15th Judicial District Court Div. D, No. 2002-1616; to the Court of Appeal, Third Circuit, No. 07-117.

Denied.


text:
    Veronica Gail RICHARDSON v. Charles SWILL, et al.
    No. 2007-CC-1365.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re RV & R Trucking L.L.C.; Swill, Charles et al.; National Fire & Marine Ins. Co.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. D, No. 549-094; to the Court of Appeal, First Circuit, No. 2007 CW 0479.

Denied.

CALOGERO, C.J., would grant.

TRAYLOR, J., would grant.


text:
    John PRINDLE v. Robert WEINMANN, Individually and D/B/A ‘Weinmann, Inc.’, Regency Motors of Metairie, L.L.C. and Metairie Capital, L.L.C.
    No. 2007-CC-1380.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Weinmann, Robert d/b/a; Metairie Capital L.L.C.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. M, No. 608-882; to the Court of Appeal, Fifth Circuit, No. 07-C-286.

Denied.


text:
    Shane NAQUIN et al. v. BERGERON MARINE SERVICE, INC.
    No. 2007-CC-1308.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Maritrend Inc.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 2000-18557; to the Court of Appeal, Fourth Circuit, No. 2006-C-1445.

Granted. There are issues of fact relating to coverage under the Reliance policy which may affect the applicability of the “escape” clause in the Lumbermans’ policy. Accordingly, the judgment of the court of appeal granting summary judgment in favor of Lumbermans is reversed. Case remanded to the trial court for further proceedings.


text:
    Juanita G. GUILBEAUX v. OFFICE OF the DISTRICT ATTORNEY.
    No. 2007-C-1354.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Guilbeaux, Juanita G.; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation— District 4, No. 02-09330; to the Court of Appeal, Third Circuit, No. 07-89.

Not timely filed.


text:
    Henry GRAY v. Richard STALDER.
    No. 2006-CI-2955.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Gray, Henry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. 0, No. 01-00-0311; to the Court of Appeal, First Circuit, No. 2006 KW 1489.

Denied. Moot.

WEIMER, J., recused.


text:
    Vidale G. TASBY v. 20TH JUDICIAL DISTRICT COURT.
    No. 2006-CI-2956.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Tasby, Vidale G.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of West Feliciana, 20th Judicial District Court Div. A, No. 19324; to the Court of Appeal, First Circuit, No. 2006 CW 1265.

Denied.


text:
    Gerald SAVAGE v. Travis CURRY, et al.
    No. 2007-CC-1138.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Werner Enterprises Inc.; Curry, Travis et aL; Liberty Mutual Ins. Co.;— Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Concor-dia, 7th Judicial District Court Div. A, No. 041-415; to the Court of Appeal, Third Circuit, No. CW 07-00336.

Denied.


text:
    DUPLANTIER FAMILY PARTNERSHIP, et al. v. BP AMOCO, et al.
    No. 2007-CC-1241.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Helis, William G. Estate of; BP America Production Company; Helis, William G. Partnership; Devon Louisiana Corporation; Devon Energy Production Co. f/k/a; Helis Oil & Gas Company L.L.C.; William G. Helis Company L.L.C.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 2003-17519; to the Court of Appeal, Fourth Circuit, No. 2007-C-0293.

Denied.

KIMBALL, J., recused.

JOHNSON, J., would grant.


text:
    DUPLANTIER FAMILY PARTNERSHIP, et al. v. BP AMOCO, et al.
    No. 2007-CC-1265.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Exxon Mobil Corporation; Mobil Oil Exploration & Producing Southeast Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 2003-17519; to the Court of Appeal, Fourth Circuit, No. 2007-C-0293.

Denied.

KIMBALL, J., recused.

JOHNSON, J., would grant.


text:
    DUPLANTIER FAMILY PARTNERSHIP, et al. v. BP AMOCO, et al.
    No. 2007-CC-1271.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Ashland Inc. f/k/a; Ashland Oil Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J, No. 2003-17519; to the Court of Appeal, Fourth Circuit, No. 2007-C-0293.

Denied.

KIMBALL, J., recused.

JOHNSON, J., would grant.


text:
    Ilene REED v. NEW ORLEANS HILTON RIVERSIDE, et al.
    No. 2007-CC-1300.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re International Rivercenter Partnership; — Third Party; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. L, No. 1995-00352; to the Court of Appeal, Fourth Circuit, No. 2007-C-0300.

Denied.


text:
    Tremekia J. BOYKINS v. Darren J. BOYKINS.
    No. 2007-C-1302.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Boykins, Darren J.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. L, No. 2002-9081; to the Court of Appeal, Fourth Circuit, No. 2004-CA-0999.

Denied.


text:
    Roger E. PIPER v. SHELTER MUTUAL INS. CO.
    No. 2007-C-1319.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Shelter Mutual Ins. Co.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. C, No. 225,314; to the Court of Appeal, Third Circuit, No. 07-111.

Denied.


text:
    Donna COLWART v. ENCOMPASS INDEMNITY COMPANY.
    No. 2007-C-1324.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Colwart, Donna; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. I, No. 627-598; to the Court of Appeal, Fifth Circuit, No. 07-CA-79.

Denied.


text:
    Charles CHAMPAGNE v. PHS INDUSTRIES and CNA Insurance Company.
    No. 2007-C-1326.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Champagne, Charles; — Plaintiff; Applying for Writ of Certiorari and/or Review Office of Workers’ Compensation District 7, No. 04-02281; to the Court of Appeal, Fifth Circuit, No. 07-CA-81.

Denied.


text:
    W. Earl HARKLESS, D.D.S. v. Paul SYLVESTER, Jr. and Colony Insurance Company.
    No. 2007-C-1315.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Harkless, W. Earl D.D.S.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. B, No. 2003-10543; to the Court of Appeal, Fourth Circuit, No. 2006-CA-1221.

Denied.


text:
    Jonathan J. PARKER v. BOARD OF SUPERVISORS OF UNIVERSITY OF LOUISIANA LAFAYETTE.
    No. 2007-C-1338.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Parker, Jonathan J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 488642; to the Court of Appeal, First Circuit, No. 2005 CA 2526.

Not considered. Not timely filed.


text:
    Dorothy LAWSON v. The PARISH OF JEFFERSON, the City of Gretna, Brice Building Company, Inc., and ABC Corporation.
    No. 2007-CC-1310.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Atmos Energy Corporation; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 610-635; to the Court of Appeal, Fifth Circuit, No. 07-C-306.

Denied.


text:
    Charles E. PLUMMER and Mae Etta Plummer Lewis v. Ora Lee Plummer BROWN, Ruth Plummer Hubbard, Joyce Marie Plummer, Joseph Plummer, Irma Jean Plummer and Samuel Paul Plummer.
    No. 2007-C-1323.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Brown, Ora Lee Plummer et al.; Hubbard, Ruth Plummer; Plummer, Joyce Marie; Plummer, Joseph; Plummer, Irma Jean; Plummer, Samuel Paul; — Defendant/s); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Nineteenth Judicial District Court Div. F, No. 308,103; to the Court of Appeal, First Circuit, No. 2005 CA 1059.

Denied.


text:
    Ann EDWARDS, Individually and on Behalf of Her Son Robert Edwards, Decedent v. Dr. William C. ALEXANDER, Dr. James M. Belue, and Dr. Robert M. Raulerson.
    No. 2007-C-1317.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Edwards, Ann et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lincoln, 3rd Judicial District Court Div. C, No. 48,272; to the Court of Appeal, Second Circuit, No. 42,-000-CA.

Denied.

CALOGERO, C.J., would grant.

JOHNSON, J., would grant.

i


text:
    James LEE, Sr. and Glenda Lee Individually, and As Curator and Curatrix of, and on Behalf of Their Son, James Lee, Jr. v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Ford Motor Company, ABC Insurance Company, Wallace Degennaro, As Representative of the Succession of Michael Vickers, Air Compressor Energy Systems, Inc., et al.
    No. 2007-C-1283.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Transportation and Development Department of et al.; Louisiana State of; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of St. Bernard, 34th Judicial District Court Div. A, No. 93-751; to the Court of Appeal, Fourth Circuit, No. 2005-CA-0838.

Denied.

TRAYLOR, J., would grant.


text:
    Chris LEDET, Individually and as Administrator of His Minor Child’s, Terrel Ledet, Estate and Janet Ledet, Individually and As Administratrix of Her Minor Child’s, Terrel Ledet, Estate v. Lawrence BREAUX, Sharon Breaux, Jennifer Breaux, Celeste Breaux, State Farm Fire and Casualty Company, Gordon Dove, XYZ Insurance Company, Robert Page, and ABC Insurance Company.
    No. 2007-C-1383.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Ledet, Chris et al.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 529,030; to the Court of Appeal, First Circuit, No. 2006 CA 1953.

Denied.


text:
    Gertrude R. PAUL, Yolanda Robinson Ellis, Betty R. Roddy, Penny V. Robinson, Linda M. Robinson, Dezel L. Robinson, Ford Robinson, Jr., & Robert W. Robinson; on Behalf of Ford Robinson, Sr. v. The STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
    No. 2007-C-1385.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Robinson, Dezel L.; Robinson, Robert W.; Ellis, Yolanda Robinson; Robinson, Penny V.; Robinson, Ford Jr.; Paul, Gertude R. et al.; Roddy, Betty R.; Robinson, Linda M.; — Plaintiffs); Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. I, No. 479,649; to the Court of Appeal, First Circuit, No. 2006 CA 2021.

Denied.


text:
    Warren Joseph BORDELON v. SLIDELL MEMORIAL HOSPITAL AND MEDICAL CENTER; Northshore Anesthesia Group; Mahmoud Daftary, M.D.; Louis Hernandez, A.N., M.D.; Jeffrey Baker, A.N., M.D.; Julie Joyce, C.R.N.A.; T. Jurich, R.N.; Laura Kendrick, R.N.; Brad Champagne, R.N.; Noella Hayes, C.S.T.; Kory Krista, C.S.T., Tom Cook, R.C.P.T.; and Lucille Brandt, R.N., C.N.O.R.
    No. 2007-C-1391.
    Supreme Court of Louisiana.
    Sept. 28, 2007.
   In re Bordelon, Warren Joseph; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 2001-10672; to the Court of Appeal, First Circuit, No. 2006 CA 2131.

Denied.


text:
    Rashi REED v. DEPARTMENT OF POLICE.
    No. 2007-OC-1901.
    Supreme Court of Louisiana.
    Oct. 2, 2007.
   In re Department of Police; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, to the Court of Appeal, Fourth Circuit, No. 2006-CA-1498.

Denied.

TRAYLOR, J., would grant and remand to the court of appeal for reconsideration of the motion to recuse per La.C.C.P. art. 160.


text:
    Joseph GREEN v. WALLACE C. DRENNAN, INC., Jeff McKinney and the Gray Insurance Company Leslie Hemphill, Individually and on Behalf of the Estate of Joshua Hemphill v. Wallace C. Drennan, Inc. and Jeff McKinney.
    No. 2007-CC-1787.
    Supreme Court of Louisiana.
    Oct. 3, 2007.
   In re McKinney, Jeff; Gray Insurance Company; Wallace C. Drennan Inc. et al.; — Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Tangipahoa, 21st Judicial District Court Div. H, Nos. 2005-000571, 2005-003386; to the Court of Appeal, First Circuit, No. 2007 CW 1349.

Motion to strike granted in part. Writ denied.


text:
    Peggy P. GRIFFIN v. NORTHROP GRUMMAN INDUSTRIES, et al.
    No. 2007-CC-1903.
    Supreme Court of Louisiana.
    Oct. 3, 2007.
   In re Griffin, Peggy P.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. J; No. 2006-11713; to the Court of Appeal, Fourth Circuit, No. 2007-C-1241.

Denied.

KIMBALL, J., would grant.


text:
    In re PATERNITY OF P.A.H.
    No. 2007-CJ-1497.
    Supreme Court of Louisiana.
    Oct. 4, 2007.
   In re Pittman, Scott; — Other; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, Family Court for the Parish of East Baton Rouge, No. 105,-564 C; to the Court of Appeal, First Circuit, No. 2006 CA 1992.

Denied.


text:
    Nora MILLER, et vir v. LAMMICO, et al.
    No. 2007-C-1352.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Louisiana Patient’s Compensation Fund; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Calca-sieu, 14th Judicial District Court Div. D, No. 2001-005017; to the Court of Appeal, Third Circuit, No. CA 07-120.

Granted. Briefing is especially invited on issue of apportionment of fault.


text:
    Michael A. TEAGUE, M.D. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, St. Paul Insurance Company, Seale, Smith, Zuber and Barnette, Donald Zuber, Catherine Nobile, Catherine Lauffer, and ABC Insurance Agency.
    No. 2007-C-1384.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Teague, Michael A. M.D.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, No. 477,879; to the Court of Appeal, First Circuit, No. 2006 CA 1266.

Granted.


text:
    Joseph HAINES v. Alen Christopher MILLET, et al.
    No. 2007-CC-1267.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Ace American Insurance Company; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2005-8574; to the Court of Appeal, Fourth Circuit, No. 2007-C-0165.

Granted. The judgment of the trial court is reversed, and the exception of improper venue is granted for the reasons assigned by the dissenting judge in the court of appeal. The matter is remanded to the trial court which is instructed to transfer the case to an appropriate venue.

KIMBALL, J., would deny.

JOHNSON, J., would deny.


text:
    June E. CARTER, Individually and o/b/o Her Minor Son, Kirk West v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Samuel Dion Davis, III and Imperial Fire and Casualty Insurance Company.
    No. 2007-CC-1294.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Imperial Fire and Casualty Insurance Company; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. O, No. 548002; to the Court of Appeal, First Circuit, No. 2007 CW 0583.

Granted. The judgment of the trial court is reversed and Imperial’s motion for summary judgment is granted for the reasons assigned by the dissenting judge in the court of appeal. We also note this case is factually distinguishable from Duncan v. USAA Ins. Co., 06-0363 (La.11/29/06), 950 So.2d 544, because the Commissioner of Insurance’s regulations specifically allow omission of the policy number if it does not exist at the time UM waiver form is completed.

KNOLL, J., would deny.


text:
    Ben H. SCOTT and Anthony J. Scott v. Robert E. JONES, Jr., Nikita M. (Scott) Carter, Naomi Meteau.
    No. 2007-CP-1449.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Scott, Ben H.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2004-15142; to the Court of Appeal, Fourth Circuit, No. 2007-C-0349.

Granted. The case is remanded to the court of appeal, which is instructed to allow relator to supplement his application with the appropriate documentation and to consider the application, as supplemented, on the merits.


text:
    STATE of Louisiana v. Darren WILLIAMS.
    No. 2007-KH-1721.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Williams, Darren; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Magistrate Court, No. M-481-150;

Granted for the sole purpose of transferring the pleading to the district court for its consideration.


text:
    In re Appeal of DECISION OF the DISCIPLINARY BOARD NO. 06-PDB-066.
    No. 2006-OB-2459.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Smith, James L.; Plaintiff(s) Applying For Reconsideration of an Order of this Court dated August 24, 2007; Appeal of Decision of Disciplinary Board; Office Disciplinary Board. No. 06-PDB-066.

Reconsideration denied.


text:
    STATE of Louisiana v. Linzie R. SCOTT.
    No. 2007-K-0238.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Scott, Linzie R.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Washington, 22nd Judicial District Court Div. A, No. 03 CR3 88646; to the Court of Appeal, First Circuit, No. 2006 KA 0623.

Not considered. Not timely filed.


text:
    Charles David PUGH, et ux. v. CAMERON STATE BANK.
    No. 2007-C-1498.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Pugh, Charles David et ux.; Pugh, Deanna Beth; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of Cameron, 38th Judicial District Court Div. 0, No. 10-17108; to the Court of Appeal, Third Circuit, No. 06-1541.

Not considered. Not timely filed.


text:
    Scott HARRISON v. LAKE CHARLES MENTAL HEALTH, et al.
    No. 2007-C-1500.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Harrison, Scott; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Calcasieu, 14th Judicial District Court Div. E, No. 2002-4084, E; to the Court of Appeal, Third Circuit, No. 06-434.

Not considered. Not timely filed.


text:
    Larry G. CULP v. Tonya Courson CULP.
    No. 2007-C-1836.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Culp, Tonya Courson; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ouachita, 4th Judicial District Court Div. H, No. 01-2209; to the Court of Appeal, Second Circuit, No. 42,-239-DA.

Not considered. Not timely filed.


text:
    STATE ex rel. Eric HILL v. STATE of Louisiana.
    No. 2006-KH-3006.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Hill, Eric; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 416-001; to the Court of Appeal, Fourth Circuit, No. 2006-K-1234.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.


text:
    STATE ex rel. Mitchell COOK v. STATE of Louisiana.
    No. 2006-KH-3007.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Cook, Mitchell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. H, No. 362895; to the Court of Appeal, First Circuit, No. 2006 KW 1983.

Denied.


text:
    STATE ex rel. Antoine CLARK v. STATE of Louisiana.
    No. 2006-KH-3008.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Clark, Antoine; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. L, No. 99174; to the Court of Appeal, Third Circuit, No. KH 06-01382.

Denied.


text:
    STATE of Louisiana ex rel. Mitchell COOK v. STATE of Louisiana.
    No. 2006-KH-3010.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Cook, Mitchell; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Tammany, 22nd Judicial District Court Div. E, No. 262500; to the Court of Appeal, First Circuit, No. 2006 KW 2082.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Ronald Joseph SPENCER v. STATE of Louisiana.
    No. 2006-KH-3013.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Spencer, Ronald J. Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Iberia, 16th. Judicial District Court Div. A, No. 03 CR 000187; to the Court of Appeal, Third Circuit, No. KH 05-00766.

Denied.


text:
    STATE ex rel. Leroy SWAINGAN v. STATE of Louisiana.
    No. 2006-KH-3014.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Swaingan, Leroy; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. Charles, 29th Judicial District Court Div. C, No. 88-0481; to the Court of Appeal, Fifth Circuit, No. 06-KH-882.

Denied.


text:
    STATE ex rel. Alexis SMITH v. STATE of Louisiana.
    No. 2006-KH-3015.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Smith; Alexis; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Desoto, 11th Judicial District Court Div. B, No. 0511561; to the Court of Appeal, Second Circuit, No. 41,544-KA.

Denied.


text:
    STATE ex rel. Herman FELTON v. STATE of Louisiana.
    No. 2006-KH-3016.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Felton, Herman; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. A, No. 255290; to the Court of Appeal, Third Circuit, No. KH 05-01286.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.


text:
    STATE ex rel. Alisha Jean DISOTELL v. STATE of Louisiana.
    No. 2006-KH-3017.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Disotell, Alisha Jean; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. C, No. 222,850; to the Court of Appeal, Second Circuit, No. 41964-KH.

Denied.


text:
    STATE ex rel. James L. MCCLURE v. STATE of Louisiana.
    No. 2006-KH-3019.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re McClure, James L.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Ouachita, 4th Judicial District Court Div. H, No. 02-F1530; to the Court of Appeal, Second Circuit, No. 41870-KH.

Denied.


text:
    STATE ex rel. Emile ROBINSON v. STATE of Louisiana.
    No. 2006-KH-3020.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Robinson, Emile; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Vernon, 30th Judicial District Court Div. C, Nos. 69,427, 69,451; to the Court of Appeal, Third Circuit, No. KH 06-01257.

Denied.


text:
    STATE ex rel. Taurus BUCHANAN v. STATE of Louisiana.
    No. 2006-KH-3021.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Buchanan, Taurus; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 8-93-072; to the Court of Appeal, First Circuit, No. 2006 KW 1801.

Denied.


text:
    STATE ex rel. Everett G. THORNTON Jr. v. STATE of Louisiana.
    No. 2006-KH-3022.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In Re Thornton, Everett G. Jr.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Livingston, 21st Judicial District Court Div. G, No. 18646; to the Court of Appeal, First Circuit, No(s). 2006-KW-1466, 2006-KW-2176.

Denied.


text:
    Arthur Ray ROBINSON v. Burl N. CAIN, Warden, et al.
    No. 2006-CI-3023.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In Re Robinson, Arthur Ray; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, No. 522,447; to the Court of Appeal, First Circuit, No. 2005 CA 2299.

Denied.


text:
    STATE ex rel. Nolan SCHOUEST v. STATE of Louisiana.
    No. 2006-KH-3036.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Schouest, Nolan; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafourche, 17th Judicial District Court Div. A, No. 62557.

Denied.

WEIMER, J., recused.


text:
    STATE ex rel. Fernano E. SERRANO v. STATE of Louisiana.
    No. 2006-KH-3037.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Serrano, Fernano E.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 84-2237; to the Court of Appeal, Fifth Circuit, No. 06-KH-864.

Denied. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694.


text:
    STATE ex rel. Timothy VOLLM v. STATE of Louisiana.
    No. 2006-KH-3038.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Vollm, Timothy; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Grant, 35th Judicial District Court Div. 0, No. 03-324; to the Court of Appeal, Third Circuit, No. KH 06-01246.

Denied.


text:
    STATE ex rel. Van LEONARD v. STATE of Louisiana.
    No. 2006-KH-3041.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Leonard, Van; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of St. John, 40th Judicial District Court Div. B, No. 02-286; to the Court of Appeal, Fifth Circuit, No. 06-KH-881.

Denied.


text:
    STATE ex rel. Terrence BAILEY v. STATE of Louisiana.
    No. 2006-KH-3042.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Bailey, Terrence; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. A, No. 4537-04; to the Court of Appeal, Third Circuit, No. KH 06-00907.

Denied.


text:
    STATE of Louisiana v. Henry Lee LEONARD.
    No. 2007-K-0218.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Leonard, Henry Lee; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. L, No. 7-03-497; to the Court of Appeal, First Circuit, No. 2004 KA 1609-R.

Denied.


text:
    STATE of Louisiana v. Gerod D. BREWER.
    No. 2007-KP-0223.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Brewer, Gerod D.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Caddo, 1st Judicial District Court Div. G, No. 217,718; to the Court of Appeal, Second Circuit, No. 42,-081-KW.

Denied.


text:
    STATE of Louisiana v. Donnie LONDON.
    No. 2007-KO-0228.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re London, Donnie; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. H, No. 445-430; to the Court of Appeal, Fourth Circuit, No. 2005-KA-1268.

Denied.


text:
    STATE of Louisiana v. Elliot JOSEPH.
    No. 2007-KO-0273.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Joseph, Elliot; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. C, No. 03-01-0202; to the Court of Appeal, First Circuit, No. 2005 KA 2169.

Denied.


text:
    STATE of Louisiana v. Leo SCOTT.
    No. 2007-KO-0275.
    Supreme Court of Louisiana.
    Oct. 5, 2007.
   In re Scott, Leo; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Ascension, 23rd Judicial District Court Div. D, No. 17234; to the Court of Appeal, First Circuit, No. 2006 KA 1103.

Denied.


author: TERRI F. LOVE, Judge. PER CURIAM.

text:
    John C. WINGRAVE, II v. Kevin M. HEBERT, Donna Boehmer and Duane Abadie.
    No. 2006-CA-1240.
    Court of Appeal of Louisiana, Fourth Circuit.
    May 9, 2007.
    Opinion Granting Rehearing July 25, 2007.

      Robert G. Harvey, Sr., Robert G. Harvey, Sr., APLC, New Orleans, LA, for John C. Wingrave, II.
    Gregory C. Weiss, Weiss & Eason, L.L.P., Mandeville, LA, William T. Finn, John Anthony Dunlap, Carver, Darden, Koretzky, Tessier, Finn, Blossman & Ar-eaux, L.L.C., New Orleans, LA, for Whitney National Bank and Paul Bergeron.
    (Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE).
   TERRI F. LOVE, Judge.

1 ,This appeal arises from the use of a telephone conversation obtained with a wiretap in violation of the Louisiana Electronic Surveillance Act. Whitney National Bank fired John Wingrave after learning that he allegedly threatened a supervisor during the course of the audiotaped conversation. John Wingrave filed suit for damages against Whitney National Bank, three fellow employees, and the party who illegally tapped the phone. Whitney National Bank and its employees filed a motion for summary judgment, which the trial court granted. The trial court denied a motion for a new trial and John Wingrave appeals asserting the trial court erred in granting the motion for summary judgment. We find genuine issues of material fact exist as to whether the matters discussed during the illegally obtained telephone conversation constitute a matter of public concern, are covered by a privilege, or if all of the claimed damages are preempted by the National Bank Act. We reverse and remand.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

John Wingrave (“Mr .Wingrave”) worked as an employee of Whitney National Bank (“WNB”) for almost twenty-five years. On Thursday, September 23, 1999, Mr. Win-grave received a telephone call from a fellow employee, Holley Haag (“Ms.Haag”) at his home after a WNB function and a night of drinking. Mr. |2Wingrave was romantically involved with Ms. Haag at the time. Unbeknownst to either Mr. Win-grave or Ms. Haag, Kevin Hebert (“Mr.Hebert”), Ms. Haag’s fiancé, had illegally tapped Ms. Haag’s telephone and recorded the conversation. During the course of their conversation, Mr. Wingrave allegedly threatened his supervisor, Donna Boehmer (“Ms.Boehmer”) because of a negative employee evaluation.

Mr. Hebert was out of town when the conversation occurred, but upon his return on September 26, 1999, he contacted Mr. Wingrave and his wife regarding the tapped and audiotaped telephone conversation. He told Mrs. Wingrave that Mr. Wingrave was having an affair with Ms. Haag and that he had recorded telephone conversations and photographs as proof.

Mr. Hebert also contacted Ms. Boehmer and informed her that he allegedly heard one of her employees threaten her during a telephone conversation that he recorded. However, at first, he did not explicitly reveal the name of the employee. Ms. Boehmer then contacted Duane Abadie (“MrAbadie”), the senior vice president, about how she should proceed with the information after surmising that Mr. Hebert was referring to Mr. Wingrave. Mr. Abadie decided that Ms. Boehmer should work from home until she received further information.

Mr. Wingrave felt that he should consult with an attorney about the allegedly recorded telephone conversation. He attempted to drive to Gerard Archer’s (“Attorney Archer”) home to discuss the matter. However, he could not remember the exact numerical address and rang the doorbell of Mr. Abadie. Mr. Wingrave then decided to discuss the situation with Mr. Abadie and admitted that he was drunk during the conversation and had said “bad things” in reference to Ms. | .-¡Boehmer. However, Mr. Wingrave stated that he could not remember exactly what he said during his conversation with Ms. Haag. Mr. Abadie informed Mr. Win-grave that he had spoken with Ms. Boeh-mer, who already knew about the alleged threats, and that the issue would be discussed with WNB’s Human Resources Department (Human Resources) the next day.

On Monday, September 27, 1999, Attorney Archer sent a letter, which WNB received the same day, stating that the telephone conversation in question was obtained in violation of the Louisiana Electronic Surveillance Act (“LESA”) and that the contents could not be used against Mr. Wingrave. Also, Mr. Abadie met with Paul Bergeron (“Mr.Bergeron”), the head of Human Resources. As a result, Mr. Wingrave was suspended “pending further investigation.” Mr. Bergeron had Anne Leach (“Ms.Leach”), his assistant, talk to Mr. Hebert to get more information about Mr. Wingrave’s telephone conversation. Human Resources told Mr. Wingrave to come to WNB’s main branch on Wednesday, September 29, 1999. At that meeting, Mr. Bergeron terminated Mr. Wingrave’s employment.

Mr. Wingrave filed a petition for damages against Mr. Hebert, Ms. Boehmer, and Mr. Abadie. Ms. Boehmer and Mr. Abadie sought to remove the case to the United States District Court for the Eastern District Court of Louisiana (“Eastern District”) based on preemption grounds due to the National Bank Act (“NBA”). However, the Eastern District remanded the case back to the trial court because it stated that it lacked subject matter jurisdiction and the NBA did not provide for complete preemption.

Ms. Boehmer and Mr. Abadie then filed a reconventional demand seeking damages for emotional distress and seeking compensatory and punitive damages for Ms. Boehmer alleging that Mr. Wingrave’s behavior constituted a hate crime. |4Mr. Wingrave then filed his first supplemental and amended petition adding Mr. Berger-on and WNB as defendants (all collectively referred to as the “Defendants”).

After lengthy discovery and several trial court judgments stemming from motions to compel and motions for sanctions, the Defendants filed a joint motion for summary judgment based upon NBA preemption. Mr. Wingrave then filed a motion for partial summary judgment seeking the determination of the illegality of the audiotape. The trial court denied the Defendants’ summary judgment and granted Mr. Wingrave’s partial motion for summary judgment finding that the tape was illegal. Both parties sought supervisory review from this Court. This Court ruled that the trial court erred in granting Mr. Wingrave’s partial summary judgment as to the legality of the tape; the trial court correctly denied WNB’s summary judgment based on the NBA; and the trial court correctly denied Mr. Wingrave’s motion to reconsider as to producing the audiotape. This Court later clarified the writ by stating that the Eastern District’s decision was not res judicata as to the NBA.

WNB filed a third party demand against Mr. Hebert. Ms. Boehmer and Mr. Abadie filed a supplemental answer and reconventional demand asserting that the application of LESA to them was unconstitutional and that they were entitled to a declaratory judgment based on that premise. The trial court granted WNB and Mr. Bergeron’s request to dismiss Mr. Hebert from claims in the Defendants’ third party demand without prejudice.

The Defendants filed another motion for summary judgment. The trial 15court then ordered that a transcript of one portion of the audiotape be admitted into evidence under seal and reserved a ruling on the issue of the admissibility of the remainder of the audiotape. The trial court granted the motion for summary judgment, finding that the conversation constituted a matter of public concern, and dismissed Ms. Boehmer, Mr. Abadie, Mr. Bergeron, and WNB with prejudice. Mr. Wingrave filed a motion for a new trial, which the trial court denied for the reasons set forth in the judgment on the motion for summary judgment. Mr. Win-grave then filed this devolutive appeal asserting that the trial court erred in granting the summary judgment and dismissing WNB, Ms. Boehmer, Mr. Abadie, and Mr. Bergeron.

OUTSTANDING MOTIONS ON APPEAL

Ms. Boehmer and Mr. Abadie filed a motion to supplement the record with the sealed transcript of one threat from the recorded telephone conversation. As the trial court already admitted the transcript into evidence under seal and the record already contains the transcript, we find discussion of this motion moot.

Mr. Wingrave filed an incorporated motion and memorandum with his appellate brief to correct the appellate record by the supplementation of eight exhibits attached to the motion for reconsideration from April 19, 2006. Mr. Wingrave alleges that the trial court record submitted to this Court was incomplete. To preserve the record for review, Mr. Wingrave’s incorporated motion to supplement the record is granted.

STANDARD OF REVIEW

Appellate courts review summary judgments using the de novo standard. Reynolds v. Select Props., Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180, 1183. The court must examine the “pleadings, depositions, answers to interrogatories, | fiand admissions on file, together with the affidavits” to find genuine issues of material fact. La. C.C.P. art. 966(B). If no genuine issues of material fact are found, the “mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B). The mover bears the burden of proof. La. C.C.P. art. 966(C)(2).

NATIONAL BANK ACT

The Defendants aver that the NBA preempts Mr. Wingrave’s claims because it preempts a state law that limits the freedom of a national bank to dismiss officers at will. See 12 U.S.C. § 24 (Fifth) (2006). They contend that all of Mr. Wingrave’s claimed damages resulted from his termination. Ms. Boehmer and Mr. Abadie sought removal to the Eastern District based on NBA preemption. However, Mr. Wingrave’s alleged damages of “embarrassment, emotional distress, marital problems, embarrassment in the community,” “loss of reputation,” and defamation are damages which could have stemmed from the release of his telephone conversation and affair with Ms. Haag, irrespective of WNB terminating his employment. We find that .it is for the trier of fact to determine whether the alleged damages resulted from Mr. Wingrave’s termination.

LOUISIANA ELECTRONIC SURVEILLANCE ACT

Mr. Wingrave asserts that the trial court erred in dismissing his claims because they arise under LESA. The Defendants contend that they did not act willfully, which alleviates recovery under LESA. LESA, as contained in La. R.S. 15:1301, et seq., prohibits the interception, disclosure, and/or use of “wire, electronic, or oral communication.” La. R.S. 15:1303. LESA reads, in pertinent part:

|7A. [I]t shall be unlawful for any person to:
(1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire or oral communication;
(4) Willfully use, or endeavor to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this Subsection.

La. R.S. 15:1303. (Emphasis added). It provides for monetary penalties and imprisonment for people who violate the above provision. La. R.S. 15:1303. LESA also provides that:

No person may broadcast, publish, disseminate, or otherwise distribute any part of the content of an electronic communication intercepted in violation of the provisions of this Chapter unless such dissemination or distribution is made to an investigator or law enforcement officer conducting an investigation into a violation of the provisions of this Section.

La. R.S. 15:1307(B). “Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this Chapter shall have a civil cause of action.... ” La. R.S. 15:1312(A).

The substance of LESA was first interpreted in Keller v. Aymond, 98-844, 98-843 (LaApp. 3 Cir. 12/23/98), 722 So.2d 1224, in which case private individuals sued a newspaper for publishing portions of their private conversations. Noting that LESA was modeled after its federal counterpart, 18 U.S.C. § 2510, et seq., the court found federal jurisprudence to be “instructive in the areas where the provisional language coincides.” Id., 98-844, 98-843, p. 6, 722 So.2d at 1227. The court also stated that it must carefully balance the “public’s interest in access” and “freedom of the press against the individual’s privacy interests.” Id., 98-844, 98-843, p. 6, 722 So.2d at 1228. Following the initial disclosure by the defendant, |sthe content of the conversations remained protected by LESA. Keller, 98-844, 98-843, p. 8, 722 So.2d at 1228. Additionally, the “allegedly illegal nature of the interceptions” entitled “the plaintiffs to even greater protection. ...” Id. After comparing LESA to its federal counterpart, the court opined that LESA “should be stringently enforced and construed against the violator of any of its sections pursuant to a literal interpretation of the statute.” Id., 98-844, 98-843, p. 11, 722 So.2d at 1230.

Keller further examined the interpretation of La. R.S. 15:1303 and found that criminal willfulness was not required. 98-844, 98-843, p. 12, 722 So.2d at 1230. The court concluded that a violation of LESA occurs if the person who disclosed or used the intercepted communications had “reason to know that it was illegally obtained.” Id. Moreover, the court found that people who use intercepted information that are not the first users are “liable for civil penalties pursuant” to La. R.S. 15:1312. Id., 98-844, 98-843, p. 17, 722 So.2d at 1233. The court held that LESA, pursuant to La. R.S. 15:1312 in regard to civil remedies, with a literal interpretation, does not require an intentional or willful usage. Keller, 98-844, 98-843, p. 20, 722 So.2d at 1234. Finally, the court stated:

[e]ven without evidence of certain knowledge, the circumstances themselves create issues of fact wherein it seems that any reporter handed an audiotape and transcript of a private conversation between parties not in attendance would have ‘reason to know’ that the communications were obtained without consent.

Id., 98-844, 98-843, p. 23, 722 So.2d at 1235.

Ms. Boehmer received a telephone call from Mr. Hebert, who informed her that he had an audiotaped conversation between two employees and that one employee made threatening remarks about her. First, Mr. Hebert was not an 19employee of Ms. Boehmer’s. Thus, she was aware that he was not a party to the audiotaped conversation. Second, Ms. Boehmer knew that Mr. Hebert was not a law enforcement official; therefore, he could not have taped the conversation pursuant to an authorized wiretap. Third, Ms. Boehmer allegedly told Mr. Hebert that she did not want to hear the conversation or anything further about it. Fourth, Ms. Boehmer did not know Mr. Hebert personally and had never spoken with him. Accordingly, we find that genuine issues of material fact exist as to whether the Defendants knew or had reason to know that the information was illegally obtained.

Matter of Public Concern

The trial court considered whether the telephone conversation involved a matter of “such public concern” and concluded that the content “would be considered threatening to any reasonable person.” Thus, the trial court found that the Defendants “had a right to act on this information” and granted the summary judgment.

Mr. Wingrave asserts that the trial court erred in holding that the contents of the telephone conversation constituted a matter of public concern in that the trial court misapplied Bartnicki v. Vopper, 532 U.S. 514, 121 S.Ct. 1753, 149 L.Ed.2d 787 (2001). The Defendants contend that the trial court’s interpretation and usage of Bartnicki mandates the affirmation of the granting of summary judgment. The Defendants also aver that punishing them pursuant to LESA would be unconstitutional based upon Bartnicki.

The United States Supreme Court examined what level of First Amendment protection was provided to “speech that discloses the contents of an illegally intercepted communication.” Bartnicki, 532 U.S. at 517, 121 S.Ct. 1753. One of the plaintiffs in Bartnicki was a president of the local teachers union involved in contentious |innegotiations, between the school board and teachers, and the other was a chief negotiator. Id. at 518, 121 S.Ct. 1753. The news media covered the negotiations extensively. Id. Both plaintiffs were involved in a cellular telephone conversation wherein they discussed the difficulties of the negotiations and one of them suggested a “dramatic response” like blowing off the front porches of the opposition. Bartnicki, 532 U.S. at 518-19, 121 S.Ct. 1753. An unknown party illegally intercepted this conversation. Id. at 518, 121 S.Ct. 1753.

Afterward, the union and the school board accepted a nonbinding arbitration proposal. Id. at 519, 121 S.Ct. 1753. However, one defendant, a radio commentator, did not like the union and played the audiotaped conversation, another station broadcast it, and some newspapers published the contents. Id. One defendant received the audiotape from the head of a local taxpayer’s organization, which had opposed the union. Id. He stated that the audiotape was left in his mailbox and that he played the audiotape for some school board members. Id. The Supreme Court determined that, “at a minimum,” the defendants had a reason to know that the conversation was intercepted illegally. Bartnicki, 532 U.S. at 525, 121 S.Ct. 1753. In holding that the content of the conversation was a matter of public concern, the Supreme Court stated:

[i]f the statements about the labor negotiations had been made in a public arena-during a bargaining session, for example-they would have been newsworthy. This would also be true if a third party had inadvertently overheard Bartnicki making the same statements to Kane when the two thought they were alone.

Id. Accordingly, the Supreme Court held that a “stranger’s illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern.” Id. at 535, 121 S.Ct. 1753.

However, we find Bartnicki distinguishable and not automatically controlling to the case sub judice. The Louisiana Supreme Court held that | u“[s]peech on matters of public concern enjoys enhanced constitutional protection.” Romero v. Thomson Newspapers (Wisconsin), Inc., 94-1105 (La.1/17/95), 648 So.2d 866, 869. The record reflects that Mr. Wingrave and Ms. Haag’s audiotaped telephone conversation was not regarding information reported in the media. Whether Mr. Win-grave and Ms. Haag were involved in or discussing an event that was of current public concern, as were the union negotiators in Bartnicki, is a factual determination. It is undisputed that Mr. Wingrave and Ms. Haag’s telephone conversation occurred after work hours in the comfort of their own homes, while Mr. Wingrave was allegedly extremely intoxicated. Neither Ms. Hebert nor any member of HNB’s security team ever informed law enforcement officials of Mr. Wingrave’s statements. We find that these facts create genuine issues of material fact as to whether Mr. Wingrave’s statements constituted a matter of public concern under the holding of Bartnicki. Whether “any reasonable person” would consider the statements threatening is also a factual determination to be determined by the trier of fact.

Qualified Privilege

The Defendants assert that the disclosures and communications among them regarding Mr. Wingrave’s telephone conversation were protected by a privilege.

The cases imposing a qualified privilege apply to defamation and libel cases following a disclosure of a communication. Mr. Wingrave includes a claim for defamation in his first supplemental and amended petition. However, the cases require good faith. See Kelly v. West Cash & Carry Bldg. Materials Store, 99-0102 (La.App. 4 Cir. 10/20/99), 745 So.2d 743; Clements v. Ryan, 382 So.2d 279 (La.App. 4th Cir.1980); Toomer v. Breaux, 146 So.2d 723 (La.App. 3rd Cir.1962). “[A] publication enjoys a qualified or conditional privilege if made (a) in hagood faith; (b) on any subject matter in which the person communicating has an interest or in reference to which he has a duty; and, (c) to a person having a corresponding interest or duty.” Clements, 382 So.2d at 282, quoting Ward v. Sears, Roebuck & Co., 339 So.2d 1255, 1261 (La.App. 1st Cir.1976). “A statement is made in good faith when it is made with reasonable grounds for believing it to be true.” Kelly, 99-0102, p. 11, 745 So.2d at 752. This privilege can include communication regarding an employee’s conduct if it “bears on the employer’s interest.” Id.

Ms. Boehmer was confronted with a telephone call from Mr. Hebert, whom she had never met and did not personally know, who told her that he heard an employee make threats against her in an audiotaped telephone conversation. Mr. Hebert did not initially disclose to Ms. Boehmer which employee he allegedly heard threatening her. Ms. Boehmer surmised that he was talking about Mr. Win-grave. She also indicated to Mr. Hebert that she did not want to hear anything further regarding the alleged threats. Ms. Boehmer then contacted Mr. Abadie that Sunday about Mr. Hebert’s comments. At that point in time, the alleged threats had not been heard via an audiotape recording, admitted to, or confirmed by a well-known or reliable source. Therefore, we find that genuine issues of material fact exist as to whether there existed reasonable grounds for belief that Mr. Hebert’s statements were true, as required for good faith, prior to Mr. Wingrave admitting that he made some disparaging remarks, which he could not remember due to his intoxication.

DECREE

For the above-mentioned reasons, we find that genuine issues of material fact exist as to whether the telephone conversation contained matters of public 1^concern, whether a qualified privilege applies, and if all claimed damages are preempted by the NBA. We reverse and remand for proceedings consistent with this opinion.

REVERSED AND REMANDED.

ON APPLICATION FOR REHEARING

PER CURIAM.

b Considering the foregoing rehearing application filed by appellees, Donna Boeh-mer, Duane Abadie, Paul Bergeron, and Whitney National Bank, the application is granted for clarification. However, this per curiam is issued for the sole purpose of clarification of factual statements contained in the original opinion.

First, this Court stated that Mr. Win-grave “attempted to drive to Gerard Archer’s (“Attorney Archer”) home,” but that he was unable to remember Attorney Archer’s exact address. Mr. Wingrave alleges that this is why he arrived at Mr. Abadie’s house instead of Attorney Archer’s. However, Mr. Wingrave’s motive and allegation about his arrival at Mr. Abadie’s house are factual determinations to be made by the fact finder and are not specifically revealed in the record.

Second, this Court referenced the letter sent by Attorney Archer to Whitney National Bank. The Court’s opinion stated that the letter warned that the telephone conversation was obtained in violation of the Louisiana Electronic Surveillance Act. However, the letter stated that the allegedly recorded telephone conversation, if taped without the consent of Ms. Haag or Mr. Wingrave, was in violation of federal and state law.

Third, the opinion stated that Ms. Boeh-mer received a telephone call from |aMr. Hebert regarding an audiotaped conversation between two Whitney National Bank employees in which she was allegedly threatened. Pursuant to this, the opinion stated that Ms. Boehmer knew that Mr. Hebert was not a party to the conversation because he was not a Whitney employee. Out of an abundance of caution, this Court now states that this is a factual determination for the fact finder. Further, in the same paragraph, we concluded that Ms. Boehmer was aware that Mr. Hebert was not a law enforcement official and could not have authorized a wiretap for the allegedly recorded conversation. Whether Ms. Boehmer knew or thought that Mr. Hebert was not a law enforcement officer is a factual determination for the fact finder as the record reveals that Mr. Hebert may not have explicitly mentioned his profession. Ms. Boehmer’s knowledge regarding whether Mr. Hebert recorded the telephone conversation himself or possessed a tape is also a question for the fact finder.

In all other respects, this Court’s previous opinion remains unchanged.

REHEARING GRANTED.

      . The record refers to Mr. Hebert as Ms. Haag’s fiancé, boyfriend, ex-boyfriend, and ex-fiancé.

      . Wingrave v. Hebert, 03-C-0335 c/w 03-C-0336 c/w 03-C-0372 (La.App. 4 Cir. 7/16/03), 852 So.2d 3.

      . Wingrave v. Hebert, 03-C-0335 c/w 03-C-0336 c/w 03-C-0372 (La.App. 4 Cir. 9/10/03), 855 So.2d 442.

      .The case was realloted and a new trial court judge assigned.

      . The Eastern District granted Mr. Wingrave's motion to remand, stated that the NBA has never provided for complete preemption, and found that the Eastern District lacked subject matter jurisdiction because the NBA did not preempt Mr. Wingrave’s claims.