Troy Lillie v. Stanford Trust Company, State of Louisiana, Office of Financial Institutions, and SEI Investments Company ( 2023 )


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  •                                 STATE OF LOUISIANA
    COURT OF APPEAL, FIRST CIRCUIT
    TROY LILLIE,             ET AL.                                                   NO.     2023 CW 0521
    VERSUS
    STANFORD TRUST             COMPANY,
    STATE      OF LOUISIANA,              OFFICE
    OF    FINANCIAL          INSTITUTIONS,                                                  JULY     5,    2023
    AND     SEI     INVESTMENTS           COMPANY
    In Re:             State       of     Louisiana          through          the    Louisiana        Office       of
    Financial            Institutions,                applying        for        supervisory
    writs,       19th       Judicial        District         Court,       Parish       of     East
    Baton Rouge,            No.    581670.
    BEFORE:            HOLDRIDGE,          CHUTZ,      AND    PENZATO,         JJ.
    WRIT       GRANTED.           We   find the trial court erred in the portion
    of its April 25,                2023       order that granted the plaintiffs'                          request
    for     discovery          under       La.    R.S.       6:103(H).          At    the    April        19,    2023
    hearing,           the     plaintiffs             failed      to     introduce       any     evidence          in
    support         of   their       request          for   discovery.              Evidence    not       properly
    and officially offered and introduced cannot be considered,                                                  even
    if    it    is     physically          placed       in     the      record.       Landis       Const.        Co.,
    L.L.C.        v.     State,          2015-1167 (        La.      App.      1st    Cir.     2/29/16),          
    199 So. 3d 1
    ,      2-3.        The    plaintiffs'          request         for    discovery       under       La.
    R. S.      6: 103 (H)      also        did    not       adequately         describe        the    documents
    being         sought       and        therefore          fails       to     comply       with     La.        R.S.
    6: 103 (H).           Therefore,             we    find       the    plaintiffs          failed       to     meet
    their      burden         of   showing       good       cause      and    substantial       need       for    the
    production of the documents                         sought in their request.                     We    reverse
    the     portion       of       the    trial       court's      April       25,    2023    order       granting
    the     plaintiffs'             request       for       discovery         under    La.     R.S.       6:103(H)
    and     deny       the    plaintiffs'             request        for     discovery       under     La.       R. S.
    6:103(H).
    GH
    WRC
    AHP
    COURT      OF APPEAL,           FIRST CIRCUIT
    FOR THE        COURT
    

Document Info

Docket Number: 2023CW0521

Filed Date: 7/5/2023

Precedential Status: Precedential

Modified Date: 7/5/2023