George Raymond Williams, M.D. v. Sif Consultants of Louisiana, Inc.

• Court: Louisiana Court of Appeal
• Decided: September 7, 2016
• Docket: CA-0016-0343
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 16-343

GEORGE RAYMOND WILLIAMS, M.D., ET AL.

VERSUS

SIF CONSULTANTS OF LOUISIANA, INC., ET AL.,

**********

APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 09-C-5244-C HONORABLE ALONZO HARRIS, DISTRICT JUDGE

BILLY H. EZELL

JUDGE

Court composed of Billy H. Ezell, Shannon J. Gremillion and Phyllis M. Keaty, Judges.

MOTION TO LIFT STAY AND RESET BRIEFING DEADLINE DENIED AS MOOT.

Randall Kurt Theunissen Michael Edward Parker Allen & Gooch Post Office Box 81129 Lafayette, LA 70598-1129 (337) 291-1000 COUNSEL FOR DEFENDANT/APPELLANT: Homeland Ins. Co. of New York Martin A. Stern Edward Paige Sensenbrenner Raymond Peter Ward Adams & Reese, LLP 701 Poydras Street, Suite 4500 New Orleans, LA 70139 (504) 581-3234 COUNSEL FOR DEFENDANT/APPELLANT: Homeland Ins. Co. of New York

Michael J. Rosen Peter F. Lovato, III Skarzynksi Black, LLP 205 North Michigan Ave., Suite 2600 Chicago, IL 60601 (312) 946-4200 COUNSEL FOR DEFENDANT/APPELLANT: Homeland Ins. Co. of New York

John Stanton Bradford William Boyce Monk Stockwell, Sievert, Viccellio, Clements & Shaddock, LLP Post Office Box 2900 Lake Charles, LA 70602 (337) 436-9491 COUNSEL FOR PLAINTIFFS/APPELLEES: George Raymond Williams, M.D., Orthopaedic Surgery, A Professional Medical LLC

Patrick Craig Morrow, Sr. James P. Ryan Morrow, Morrow, Ryan & Bassett Post Office Box 1787 Opelousas, LA 70570 (337) 948-4483 COUNSEL FOR PLAINTIFFS/APPELLEES: George Raymond Williams, M.D., Orthopaedic Surgery, A Professional Medical LLC Stephen Barnett Murray Stephen Barnett Murray, Jr. Arthur M. Murray Nicole A. Murray-Ieyoub Murray Law Firm 650 Poydras Street, Suite 2150 New Orleans, LA 70130 (504) 525-8100 COUNSEL FOR PLAINTIFFS/APPELLEES: George Raymond Williams, M.D., Orthopaedic Surgery, A Professional Medical LLC

Thomas Allen Filo Michael Kevin Cox Cox, Cox, Filo, Camel & Wilson, LLC 723 Broad Street Lake Charles, LA 70601 (337) 436-6611 COUNSEL FOR PLAINTIFFS/APPELLEES: George Raymond Williams, M.D., Orthopaedic Surgery, A Professional Medical LLC

Charles Thach Curtis, Jr. Gerard George Metzger 829 Baronne Street New Orleans, LA 70113 (504) 581-9322 COUNSEL FOR DEFENDANT/APPELLEE: Med-Comp USA, Inc.

Patrick A. Juneau, Jr. The Juneau Firm Post Office Drawer 51268 Lafayette, LA 70505-1268 (337) 269-0052 Patrick Juneau, Special Master

Larry Lane Roy Brown Sims 600 Jefferson Street, Suite 800 Lafayette, LA 70501 (337) 484-1240 COUNSEL FOR DEFENDANT/APPELLEE: Bestcomp, Inc. Janice Bertucci Unland Rabalais, Unland 1404 Greengate Drive, #110 Covington, LA 70433-5272 (985) 893-9900 COUNSEL FOR DEFENDANT/APPELLEE: Risk Management Services

Daniel J. Layden Ronald P. Schiller Hangley, Aronchick, Segal One Logan Square, 27th Floor Philadelphia, PA 19103 COUNSEL FOR DEFENDANT/APPELLEE: Risk Management Services

Steven William Usdin Barrasso, Usdin, Kupperman, Freeman & Sarver 909 Poydras Street, #2400 New Orleans, LA 70112 (504) 589-9700 COUNSEL FOR DEFENDANT/APPELLEE: Executive Risk Specialty Ins. Co.

Cynthia J. Thomas Galloway, Johnson, Thompkins, Burr and Smith 3 Sanctuary Boulevard, Suite 301 Mandeville, LA 70471 (985) 674-6710 COUNSEL FOR DEFENDANT/APPELLEE: SIF Consultants of Louisiana, Inc.

John Mark Fezio Stone, Pigman 546 Carondelet Street New Orleans, LA 70130 (504) 581-3200 COUNSEL FOR DEFENDANT/APPELLEE: Cor Vel Corp. EZELL, Judge.

On July 1, 2016, the appellee, George Raymond Williams, M.D.,

Orthopaedic Surgery, a Professional Medical, L.L.C., the appointed class

representative in this matter, filed a Motion to Lift Stay and Reset Briefing

Deadline. For the reasons which follow, we deny the motion.

The instant matter arises out of a settlement agreement in a class action

lawsuit involving claims of improper medical billing practices in workers’

compensation cases. On December 21, 2015, the appellee filed a Motion for

Summary Judgment against the appellant, Homeland Insurance Company of New

York, for the full amount if its policy limits. The motion was granted on February

5, 2016, and the appellant was ordered to pay $10,000,000, together with legal

interest thereon, in favor of the appellee.

The appellant filed a timely motion to appeal the judgment, and appellant

was granted a suspensive appeal on March 21, 2016. The appeal was lodged in

this court on May 2, 2016, and the appellant was ordered to file its brief by May 27,

2016. The appellant subsequently moved for an extension of the briefing delays to

June 10, 2016, which was granted on May 13, 2016.

On May 25, 2016, the appellant filed a motion to suspend briefing delays on

the ground that certain documents were omitted from the record and the parties

were unable to adequately write briefs without the missing pleadings and exhibits.

The appellant indicated that it had concurrently filed a motion in the lower court to

supplement the record with the missing pleadings and exhibits. The motion was

granted, and the briefing delays were suspended pending supplementation of the

record. On July 1, 2016, the appellee filed in this court a Motion to Lift Stay and

Reset Briefing Deadline, asserting therein that the appellant neglected to inform

this court that the pleadings and exhibits with which the appellant wished to

supplement the record were never filed in the lower court due to its failure to pay

the filing fees associated with the pleadings and exhibits totaling $7,910.43. The

supplemental record, however, was received in this court on July 26, 2016.

Accordingly, we hereby deny the appellee’s Motion to Lift Stay and Reset Briefing

Deadline as moot.

MOTION TO LIFT STAY AND RESET BRIEFING DEADLINE DENIED AS MOOT.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.